Mr. Raimondo's Opinion Archives - Mark Anthony Raimondo; PC

Traffic stop-turned-arrest sparks debate on drivers’ rights during police encounters

Raimondo — Thu, 18 Jan 2024 21:08:59 +0000

BAKERSFIELD, Calif. (KGET) — A traffic stop that turned into an alleged use of excessive force by police is raising a big question: What are drivers’ rights when it comes to police encounters?

“It depends” is the closest thing to a definitive answer, per 17 News’ conversations with multiple legal experts.

The law, those experts said, protects police, but it also protects drivers.

But as one attorney put it, everything begins with the “premise of what stops a person.”

Here is a breakdown of Donte Heath’s case, the incident currently at the center of this debate in Bakersfield.

“Do you legally have to get out of your car? Probably not always,” said Bakersfield criminal defense attorney Mark Anthony Raimondo. “But it’d be a good suggestion just to follow along. Follow and comply and complain later is a great suggestion.”

Those are the questions raised by a traffic stop-turned-arrest that left a 50-year-old man allegedly with a broken elbow and rib.

In the early hours of New Year’s Eve, Donte Heath was pulled over by Bakersfield police officers for allegedly not wearing his seatbelt. But when Heath refused to get out of the car, things took a quick turn.

Heath’s attorney, Daniel Rodriguez, told 17 News his client didn’t comply with officers because he knew his rights.

“And is that wrong?” Rodriguez stated. “But the one [excuse] that cops, officers always fall back on is hey, officer safety. And the law says, hey wait a minute, is it reasonable to believe?”

He added: So, what does the officer write down [in his report]? [Heath] was belligerent… There’s no reason. There’s not an odor of alcohol on [his] breath. There’s no weapon, there’s no drugs. Nothing. You stopped [him] for a seatbelt violation. Here is [his] driver’s license, registration. End of story. Give me the citation and let me go home.”

Rodriguez said charges being recommended against Heath are resisting arrest, not wearing his seatbelt and not having a license plate in front of his car.

BPD declined to confirm those details. But the District Attorney’s Office confirmed with 17 News on Wednesday evening, they had received the case from the police. Ultimately, the district attorney will determine which charges, if any, to press.

Rodriguez pointed out: “I have doubt that the district attorney’s office will ever file criminal charges in this case … It’s pretty straightforward that it was not a good stop. And if there’s not a good stop, it’s not going to be a good case to prosecute criminally.”

By “good stop,” Rodriguez was referring to the legality of the traffic stop in the first place, which he argued because Heath allegedly was not wearing his seatbelt in a parking lot, the seatbelt law does not apply.

“He’s in the parking lot. There is no law that requires that you have your seatbelt on private property. Just on a public street,” Rodriguez said.

Earlier Wednesday morning, BPD Chief Greg Terry joined 17 News at Sunrise to discuss Heath’s case.

“The Supreme Court has ruled that an officer in a traffic stop, even for a minor traffic offense, can ask the driver, order the driver, out of a vehicle,” the chief said. “It also applies to passengers as well. Part of the logic behind it is the Supreme Court has recognized the inherent dangers in traffic stops.”

That Supreme Court case is Pennsylvania v. Mimms from 1977. Twenty years later, the ruling was extended to include passengers via a different court case.

Legal experts emphasize there must be evidence — a legitimate reason — as to why officers are asking someone to step out.

They said, for instance, an officer feeling threatened by a driver or passenger can request they step out. But they must have good reason to believe they’re in danger.

“All citizens have the right to remain unobscured by officers unless there’s a legal reason for them to stop you, question you and to look further,” said attorney Raimondo. “So always remain calm, make good eye contact, follow all lawful commands, if you have any legal doubts on what to do, ask for a supervisor.”

Full article: https://www.kget.com/news/local-news/traffic-stop-turned-arrest-sparks-debate-on-drivers-rights-during-police-encounters/amp/

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Attorney Mark Anthony Raimondo gives his opinion on Former Congressman Kevin McCarthy

Raimondo — Tue, 31 Oct 2023 05:04:00 +0000

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Mark Anthony Raimondo gives legal thoughts

Raimondo — Wed, 24 May 2023 18:43:47 +0000

BAKERSFIELD, Calif. (KGET) — Days after jurors found Jacqueline and Trezell West guilty five of the seven charges in the disappearance of their adopted sons Orrin and Orson West, questions remain in the case, including where are the boys’ bodies?

“These could have been my girls. We love these kids, those two little boys are our boys,” family friend Aracely Patino said. “They are Bakersfield’s boys, and I just don’t want any parents to go through what the biological parents are going through.”

Though the Wests were found guilty of murdering 4-year-old Orrin, jurors failed to reach verdicts on murder and conspiracy in connection with 3-year-old Orson’s disappearance and alleged death.

Criminal Defense Attorney Mark Raimondo said it is now up to District Attorney Cynthia Zimmer if she wants to pursue a retrial.

“I think the District Attorney’s going to take in great consideration the family’s feelings in addition to what is the cost benefit analysis of that is. I mean they’re going to get mandatory life sentences already,” he said. “Personally I’d be surprised if they do go forward given the multiple life sentences each of the defendants face.”

Raimondo said that as the family processes the verdict, a retrial could force them to relive the emotions of the trial all over again.

“A trial is very trying on the families as well and emotionally draining on the families as well so they may all want some closure. I wouldn’t be surprised if the family does seek some closure once the sentence is imposed,” Raimondo said.

Another option could be the Wests negotiating their sentences by confessing where Orrin and Orson are, if they know where the boys are. Raimondo said a confession seems unlikely at this point.

“Could they negotiate in a way for show us where the bodies are? Perhaps. But I think that ship has already sailed,” Raimondo said.

Sentencing for Jacqueline and Trezell West is scheduled for July 13.

Full Story Here: https://www.kget.com/missing-cal-city-boys/even-after-guilty-verdicts-questions-remain-in-missing-west-boys-case/

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Mr. Raimondo sought to provide context

Raimondo — Fri, 19 May 2023 18:34:19 +0000

BAKERSFIELD, Calif. (KBAK/KBFX) — UPDATED: 5/19/23 at 6:25PM

Judge Brehmer said the jury reached a verdict yesterday afternoon right around 4:40. Friday they announced their verdict to a packed courtroom.

Friday, a Kern County jury making a historic decision-finding Trezell and Jacqueline West guilty of five out of seven counts in connection to the deaths of their adoptive children 3-year-old Orson Wear and 4-year-old Orrin West.

Trezell and Jacqueline West were found guilty of five out of seven counts. The counts they were found guilty of were:

Count one-Second degree murder
Count two-Involuntary manslaughter
Count three-Willful cruelty to child
Count six-Willful cruelty to child
Count seven-False report of emergency to law enforcement
Count four-Conspire to commit a crime
Count five-Second degree murder

Counts one through three were related to Orrin and counts four through six were related to Orson. Count seven was concerning both boys. The jury voted eight votes guilty to four votes not guilty for count four and ten votes guilty and two votes not guilty for count five.

“The district attorney will decide what to do with those counts at the next hearing,” local Criminal Defense Mark Anthony Raimondo said. Raimondo was not involved in the case. “It would be unlikely they would probably go forward given they’ll get multiple life sentences for the charges that they were convicted of today,” Raimondo said.

Raimondo was in the courtroom when the verdicts were read.

“The second-degree murder carried a life sentence,” Raimondo said. “The willful cruelty to a child resulting in death also carried a life sentence,” Raimondo said. “It will be I believe most likely consecutive life sentences. So, those charges are much less serious, given the exposure on the other two counts they were found guilty of” Raimondo said.

Since the case is still under a gag order the DA’s office and attorneys for the Wests cannot comment.

The West’s sentencing will be July 13th at 8:30 AM. Prosecuting attorney Eric Smith requested counts 4 and 5 to be tried at the sentencing. There is no bail pending.

——–A Kern County jury has found Trezell and Jacqueline West guilty of 5 of the 7 counts they were charged with Friday morning in regards to Orrin and Orson West.

The jury did not find a verdict for two counts, second-degree murder and conspire to commit a crime. Those counts are in regard to 3-year-old Orson West.

The Wests reported the toddlers missing nearly two and a half years ago. On the night of December 21, 2020, the family was living at their home in California City at the time of the disappearance. They allege the boys were last seen playing in their backyard.

Lawsuit between bio father of Orrin and Orson West and Kern County.PNG

The Wests were each facing a total of seven charges including:

2 counts of Murder: Second Degree
Involuntary manslaughter
2 counts of willful cruelty to child
Conspire to commit a crime
False report of emergency

Jurors found Trezell guilty of:

Second-Degree Murder
Involuntary Manslaughter
2 counts of Willful Cruelty to child
False report of emergency

Jurors did not find a verdict of Trezell in:

Second-Degree Murder
Conspire to commit a crime

Jurors found Jacqueline guilty of:

Second-Degree Murder
Involuntary Manslaughter
2 counts of Willful Cruelty to child
False report of emergency

Jurors did not find a verdict of Jacqueline in:

Second-Degree Murder
Conspire to commit a crime

Full Story Here: https://bakersfieldnow.com/news/local/verdict-reached-for-5-counts-in-trezell-and-jacqueline-west-murder-trial-kern-county-bakersfield-california-city-orrin-and-orson-verdict-reached-homicide

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