San Diego County District Attorney Summer Stephan announced today that her office has filed a motion with the San Diego Superior Court to reduce 25,000 marijuana convictions from felonies to misdemeanors and is dismissing another 1,000 misdemeanor convictions completely. The Court will review the requests and make the decision.

In California, all county District Attorney’s Offices are required by law to notify the Court and Public Defender of eligible cases by July 1, 2020, under AB 1793. The Department of Justice provided data in June of 2019, which the District Attorney’s Office has been reviewing.

Before lawmakers passed AB 1793 in 2018, the District Attorney’s Office was already actively reducing and dismissing eligible marijuana cases under Proposition 64. In addition, before Proposition 64 was voted into law, the DA’s Office was reviewing its internal Case Management System for cases with qualifying charges, which it sent to the Public Defender’s Office as soon as Proposition 64 became law. Since 2016, the DA’s Office has reduced or dismissed more than 1,600 marijuana-related convictions.

“We’ve been a leader in the state and pro-active on giving individuals with marijuana convictions the opportunity to move forward with their lives without a conviction that may have been negatively impacting their lives by restricting their employment or housing,” said DA Stephan. “This latest motion is the continuation of work that began more than two years ago. It’s clear that the law was written to allow this relief, and it’s important that we give full effect to the will of the people.”

The District Attorney’s Office has been working with San Diego Superior Court leadership and staff, and the Public Defender to accomplish this latest filing. “The Superior Court and Public Defender are critical to this voluminous project and we appreciate that they’ve made it a priority,” Stephan said.

Proposition 64 identifies three health and safety code sections that qualify for resentencing: cultivation of marijuana, possession for sale of marijuana and sales and/or transporting marijuana, all of which are felonies. The law also includes dismissing possession of marijuana, a misdemeanor.

More information about defendants who may qualify for a reduction in their sentences and how to file a petition can be found on the San Diego County Public Defender’s website. For questions about whether a conviction has been reduced or dismissed, contact the Public Defender’s Office.

San Diego County District Attorney Summer Stephan announced today she is sponsoring legislation authored by Senator Patricia Bates (R-Laguna Niguel) that would extend the presumption of openness that exists in California courtrooms to proceedings under the Sexually Violent Predator Act.

SB 1023 would require that proceedings for the civil commitment of a sexually violent predator and subsequent hearings regarding their potential release be in open court and on the record, unless compelling and extraordinary circumstances justify closing the courtroom to the public. This bill would require there be a notice to all parties of the proposed closure and that it be made at least 10 calendar days prior to the closed court hearing.

“This important legislation supports the principles of democracy and transparency in our justice system by making sure court hearings for sexually-violent predators are open to the public,” DA Stephan said. “As District Attorney, I hear the pain from victims who’ve been terrorized by a sexual predator but are left in the dark and not able to learn pertinent information guaranteed to them by our open courts system. I’m grateful for Senator Bates’ commitment to this bill which will ensure transparency during SVP hearings.”

DA Stephan and Senator Bates say the bill is necessary because closed proceedings are inconsistent with the openness to which most people of a democracy are accustomed. The U.S. Supreme Court has opined that civil proceedings should be closed “only in the rarest of circumstances.” Additionally, the closure of these proceedings is in conflict with the constitutional rights of crime victims to be notified of and participate in hearings related to their assailant’s detention and release.

“District Attorney Stephan and I believe that court hearings for sexually violent predators should be open to the public unless a judge can provide a compelling reason,” said Senator Bates. “Victims, their families, and the public have a legitimate interest in witnessing hearings through which a predator might be released. I look forward to working with the District Attorney and my legislative colleagues to update the law so that court proceedings concerning sexual predators are not held behind closed doors.”

Victims and their advocates expressed that closing the courtrooms violate their constitutional rights under Marsy’s Law, which grants crime victims the right to attend a defendant’s court proceedings and express their views. SB 1023 is currently awaiting referral to a Senate policy committee.

“Stay alive so you can tell the world what they’re doing to us.”

Those were the last words Rose Schindler’s father told her when they last saw each other at Auschwitz II-Birkenau concentration camp. And that is exactly what she did.

Rose survived the Holocaust, met her husband who was also a survivor and immigrated to the United States where they raised their family in San Diego. Now, at 90 years old, Rose has been sharing her and her husband’s story of survival and hope during public presentations and most recently through a published memoir The Two Who Survived.

On Wednesday, Rose spoke in front of more than 200 people at Francis Parker School, sharing her story with a new generation. At the event, District Attorney Summer Stephan also presented the first Community Justice Champion Award to Rose, for her tireless efforts to use her voice to help build a safe and healthy community.

[WATCH video on IGTV]

“In the past year, the DA’s Office has seen an increase in hate crimes driven by anti-Semitism and targeting houses of worship,” said DA Summer Stephan. “Our mission is not only to prosecute crimes, but to prevent them from happening in the first place and Rose Schindler is having a real impact on the community by continuing to share her incredible story of surviving the Holocaust and spreading awareness about the devastating impact of hate.  Mrs. Schindler is the epitome of a Community Justice Champion.”

The District Attorney’s Community Justice Champion Award honors individuals whose work or efforts directly or indirectly support the DA’s mission to build safe neighborhoods in partnership with the community and has an impact on equity, fairness and justice in society.

When victims of crime and their families are in their worst moments, they cling the hope they will one day obtain justice for the violence and sometimes unspeakable acts committed against them or their loved ones. Seven prosecutors in the District Attorney’s office were recognized today by the San Diego Board of Supervisors today for outstanding service on behalf of victims.[TWEET THIS]

The attorneys were selected by the San Diego Deputy District Attorneys Association after receiving nominations from their peers. Those recognized have demonstrated excellence in cases of significant impact and have made extraordinary contributions to public safety in San Diego County.

“The Deputy District Attorneys who were honored today have gone above the call of duty in pursuing justice with passion and integrity,” DA Summer Stephan said. “These DDAs have battled against violence and corruption alongside the DA team and their work exemplifies the excellence at every level of the District Attorney’s Office.”

The Board of Supervisors recognized the following Deputy DAs:

Deputy District Attorney Sophia Roach

Sophia Roach prosecuted Donte Haddock and Anthony Frank for the murders of Darris Walker and Xusha Brown. Deputy DA Roach and her team examined and investigated every aspect of these murders for more than four years. The nine-week trial featured 100 witnesses, 600 exhibits, and dozens of recorded conversations. After four days of deliberations, jurors returned guilty verdicts: Haddock and Frank face life in prison without parole. DDA Sophia Roach combined expert skills of leading an investigation with trying and winning the challenging case built. Her performance was extraordinary.

Deputy District Attorney Laurie Hauf

Laurie Hauf tried two complicated murder cases all within the span of one year. In September 2018, Hauf tried a gang murder case in which the victim, Catherine Kennedy, was shot on her way home from church. After the jury found the defendant guilty and sentenced him to life in prison, DDA Hauf collaborated with the victim’s friends to create a gang intervention program. Following that case, DDA Hauf tried a high-ranking gang member who had threatened to kill the victim. The defendant attempted to use his influence to prevent witnesses from testifying but the jury found him guilty nonetheless. He now faces life in prison. DDA Hauf also successfully prosecuted a violent gang member who robbed a teenager and, on a separate occasion, stabbed another man in the chest. Within the same month, Laurie Hauf also tried another case in which a young man was stabbed to death. Over the past year, DDA Hauf has spent nearly two months in trial, questioned over 100 witnesses, and addressed a multitude of complex legal and factual issues. In addition to this heavy trial load, DDA Hauf trained prosecutors on Three Strikes Felony Sentencing and Trial Advocacy and chaired the San Diego County Board of Supervisors, North County Gang Commission.

Deputy District Attorney John Philpott

John Philpott prosecuted a multi-million-dollar life insurance provider fraud ring, “Operation Backlash,” which began as a collaborative investigation by the San Diego District Attorney’s Office, the FBI, and the California Department of Insurance. The initial undercover operation included 35 workers’ compensation carriers, 180 patients, and suspects who billed the workers’ compensation system $580 million from 2013 to 2015. There were 171 search warrants and federal subpoenas issued, which generated over one million pages of discovery. In late 2015, DDA Philpott and his team presented cases to the grand jury and indicted 41 defendants, in the largest workers’ compensation fraud scheme ever uncovered in San Diego.

Deputy District Attorney Oscar Hagstrom

Oscar Hagstrom has tried more than 40 felony jury trials since he began his career at the San Diego DA’s Office. He has distinguished himself through his professionalism, work ethic, diligence, and performance in the court room. In one noteworthy case, DDA Hagstrom prosecuted a man for shooting at SWAT officers. The case first required a long and complex mental health diversion hearing. In the end, DDA Hagstrom secured guilty and sane verdicts and obtained a 33-year prison sentence for the defendant. In another noteworthy case, DDA Hagstrom prosecuted a defendant who stabbed and killed another man. During the trial, the defendant argued self-defense, calling numerous character witnesses who talked about the victim’s violent history. In the end, DDA Hagstrom demonstrated an ability to handle challenging cases and the defendant was sentenced to 12 years state prison.

Deputy District Attorney Abigail Dillon

In 2016, a war veteran was enjoying pizza in the Gaslamp District when he witnessed a man and seven of his friends challenging another group to a fight. The veteran intervened and tried to stop the fight, but the man and his friends instead assaulted him. He suffered many life-threatening complications while hospitalized and his will to live was almost nonexistent. DDA Abigail Dillon spent many hours trying to identify the primary perpetrator from a grainy surveillance video and locate potential witnesses. Despite obstacles, DDA Dillon spent hours building rapport with the victim to convince him to testify. . The jury found the defendant guilty and DDA Dillon obtained justice for a good Samaritan who remains paralyzed from the neck down for the rest of his life.

Deputy District Attorney Valerie Summers

For more than 30 years in the District Attorney’s Office, Deputy DA Valerie Summers has tried some of the most serious and violent cases and has risen through the ranks of outstanding prosecutors. She has managed a variety of units and has demonstrated her exceptional knowledge, versatility, and judgment. DDA Summers began her legal career as a law clerk in the DA’s Juvenile Branch in 1987. From the time she got hired as a new Deputy DA, she has been a rising star. DDA Summers was the first gang prosecutor in the then brand-new unit in North County, handling many complex gang cases. She served as a team leader in Vista, as the Assistant Chief of the Gangs Unit, Chief of Sex Crimes and Chief of the Family Protection Division. She was a statewide legal scholar, instructor and teacher in the area of sentencing. Serving as an adjunct professor at UCSD for over a decade, she has taught undergraduate students in sociology, criminology, and criminal procedure. DDA Summers leads by example, by her experience, and success in high-level trials, her work ethic, and her constant striving to be the most prepared in a meeting or in court.

Deputy District Attorney Christine Bannon

In March 2019, the California Legislature signed into law Senate Bill 1437, changing the definition of malice as used in the law of murder. DDA Bannon has been the lead attorney for all SB1437 litigation in the San Diego District Attorney’s Office and manages petitions related to the bill. DDA Bannon has also trained DDAs on how to handle SB1437 petitions. Other counties have successfully argued to their courts that this law is unconstitutional based on DDA Bannon’s work. DDA Bannon excels as both a formidable trial lawyer and appellate litigator. Her contributions to both the San Diego DA’s Office and prosecutor’s statewide are worthy of the highest recognition. [TWEET THIS]

For four years, a team of 10 crooks would purchase ratty vehicles at auto actions then file inflated claims and staged thefts, collecting more than $500,000 in fraudulent insurance claims along the way. The organized ring was toppled after the San Diego County District Attorney’s office received a tip and opened an investigation. [TWEET THIS]

The investigation – dubbed Operation Dealer’s Choice – found that the defendants were buying vehicles that were already damaged and had high mileage for a significantly low dollar amount. Once the auto was purchased, registered and insured, the suspects filed a total damage or total theft claim and the ring shared the profits.

Investigators from the California Department of Insurance, San Diego County District Attorney’s Office and the California Highway Patrol arrested 4 of the 10 defendants yesterday across San Diego County.

“Stealing from insurance companies hits all of us in the wallet because the loss is passed on to the consumer,” District Attorney Summer Stephan said. “These defendants carried on their criminal enterprise for years until the joint task force’s outstanding work stopped them in their tracks.”

Investigators discovered 35 possible fraudulent auto insurance claims were filed over a four-year period. The ring used 56 vehicles to carry out their fraud.

“The alleged scam we uncovered in Operation Dealer’s Choice was a bad deal for drivers who have to pay more through higher premiums as a result of insurance fraud,” said Insurance Commissioner Ricardo Lara. “The hard work of our multi-agency task force stopped this alleged organized insurance crime ring that stole more than $500,000 in fraudulent auto claims.”

A number of the vehicles the defendants bought had their odometer mileage rolled back to increase the value of the car before it was damaged or reported stolen. The remaining vehicles had significant damage prior to being insured unbeknownst to the carrier. In some cases the autos were damaged by the defendants after being insured.

The ring bilked 12 insurance carriers including Nationwide, Stonewood, USAA, CA Casualty, Allstate, State Farm, Liberty Mutual, Esurance, GEICO, Kemper, Wawanesa, and AAA. [TWEET THIS]

Suspects in this case used various schemes including incepting policies on a vehicle that had pre-existing damage, filing claims shortly after the policy’s date of inception, letting the policy lapse shortly after collecting a check for loss due to non-payment. The defendants also filed suspected staged collisions in which they would damage vehicles to the point of a total loss to collect an insurance payout. Suspects also staged phony thefts and collected payments.

The defendants include:

Luis Cardona Jr., 26, of National City

Michael Cusi, 32, of San Diego

Francisco Javier Rodriguez, 33, of Chula Vista

Jesus Herrera, 34, of Spring Valley

Jessica Herrera, 36, of Imperial Beach

Betsy Guadalupe Matteoti, 35, of San Diego

Mylipsa Santos, 23, of San Diego

Ramon De Jesus Hernandez, 56, of San Diego

Daniel Santos, 24, San Diego

Felipe Cardona Villareal, 25, of Tampa, Florida