NEWS: Siskiyu County 2008. An airline supervising mechanic was accused in Siskiyu County Superior Court of the child molestation of his two daughters. Patrick Clancy of the Innocence Legal Team present a defense that the allegations were part of a contentious divorce and had no merit. A key witness was a USAF airman (female) that had lived with the accusers and had heard three different versions of the story. The airman had to be air lifted out of a blizzard in the Midwest to attend the trial. The jury returned a verdict of not guilty on all counts. On the sidewalk outside of the courthouse the females jurors hugged the defendant and wished him well. (Actual Case)
NEWS: Ventura County 2009. A student from Bangladesh was tried in front of a Ventura County jury on charges of going to a meeting to seduce a minor also known as an internet sting. Patrick Clancy, of the Innocence Legal Team, presented a defense that the defendant was playing a fantasy game. The jury voted 10 to 2 for not guilty. First case the DA had lost in eight years. (Actual Case)
NEWS: Riverside County 2009. An uncle was tried in Riverside County on charges of child molestation. Patrick Clancy of the Innocence Legal Team defended on the theory that the touching happened when the Mexican American male tripped over the low lying bed that his niece was sleeping on and that he fell on her in the dark during the night. The entire matter was an accident and not intentional. The jury returned a verdict of not guilty of the single count charged and the lesser included of battery. The family who contained school administrators and principles was very pleased with the outcome. (Actual Case)
NEWS: Sacramento, CA October, 2009. Mr. William Daley took to trial a charge of Murder with Special Circumstances. Mr. Daley's Client was accused of a drive by shooting in which an innocent bystander was fatally shot. The victim was not involved in the "funk" that provoked the attack, and was, in fact, a cousin of Mr. Daley's client. If convicted as charged, the defendant faced a mandatory sentence of Life without possibility of parole. After a month long trial, a verdict of second degree murder was return. Mr. Daley's client will be eligible for parole in less than 20 years.
NEWS: Oakland, California November 2007. Mr. Daley took to jury trial a charge of Murder of a three year old child. Mr. Daley's client was accused of the murder of his son by means of belts and switches. The evidence showed that discipline was administered in an attempt to teach the toddler his numbers and ABC's. The prosecution argued that the killing was first degree murder as it was committed by means of torture. After a two month trial, and a month long deliberation, a verdict of involuntary manslaughter was return. Involuntary Manslaughter carries a maximum sentence of six years.
APPEAL CASES:
Appellate lawyer Julie Schumer has handled hundreds of criminal appeals. Below are a few of the many examples of the appeals that she has handled. Please contact appellate lawyer Julie Schumer for a more detailed list of representative cases.
CASE NAME: People of the State of California v. Jay Settanni
CASE DESCRIPTION: Mr. Settanni was convicted of child molest and sentenced to 9 years in state prison.
RESULT: In 2009, Mr. Settanni ‘s conviction was reversed due to the ineffective assistance of trial counsel. The appellate court agreed with his argument that his trial counsel should have presented the testimony of a child witness suggestibility expert to support his attack on the credibility of the complaining child witness, reversed his conviction, and remanded the case to the Superior Court for a new trial.
CASE NAME: Orner v. Farmon
CASE DESCRIPTION: Appellate lawyer Julie Schumer represented Reta Orner on direct appeal and habeas corpus. Mrs. Orner was convicted in 1997 of murdering her husband.
RESULT: Ultimately after a 6 year battle from the California state courts through the Ninth Circuit, Mrs. Orner’s murder conviction was reversed in early 2008 based on ineffective assistance of trial counsel. The prosecution elected not to retry her and Mrs. Orner was released after spending over 7 years in prison
CASE NAME: People of the State of California v. Francisco Hernandez
CASE DESCRIPTION: Mr. Hernandez was convicted of murder in a gang-related killing.
RESULT: In 2004 Mr. Hernandez’s conviction was reversed on appeal because of the trial court’s failure to grant him a new trial based on newly discovered evidence critical to the impeachment of a key prosecution witness who provided the only identification of him at the crime scene.
CASE NAME: People of the State of California v. Duy Le
CASE DESCRIPTION: Mr. Le was convicted of murder in a gang-related attempted murder.
RESULT: In 2004, Mr. Le’s conviction for a gang-related attempted murder was reversed on appeal due to jury misconduct during deliberations and a new trial granted.
CASE NAME: People of the State of California v. William Seibel
CASE DESCRIPTION: This case involved a search and seizure issue.
RESULT: This case resulted in a published opinion and advanced the law of search and seizure. The case was the first to hold in California that a defendant is entitled to see the contents of a sealed affidavit in support of a search warrant upon a proper showing.