Notable Results
People v. S.D.
Court Blocks Prosecution from Seeking Death Penalty because of Outrageous Governmental Conduct in Case Where Eight Victims Killed
S.D. was charged with murdering eight people. Scott wrote expansive motions detailing widespread concealment of evidence, which led to multiple evidentiary hearing spanning three years. The trial court ordered the recusal of the county prosecutor’s office, and that ruling was affirmed by the Court of Appeal. The trial court later sanctioned the prosecution for the continuing misconduct uncovered by Scott by blocking the prosecution from seeking the death penalty.
People v. L.J.
Jury Votes for Life Sentence and Rejects the Death Penalty
The client was charged with special circumstances murder in a case that went uncharged for nearly twenty years. A DNA hit led to L.J., who was facing the death penalty. After L.J. was convicted of special circumstances murder, Scott argued that despite the conviction there remained “lingering doubt” of his client’s responsibility. The jury agreed and the L.J.’s life was spared. This is the most recent “life” verdict by an Orange County jury where the prosecution sought the death penalty.
People v. C.U.
Jury Finds Defendant Not Guilty of Murder
The client was charged with driving a group of gang members into rival territory, where one of the passengers then exited the car, fired a weapon that killed the victim. One witness at the scene identified the client as participating. Another witness later claimed that the client admitted to his responsibility. The prosecution also located a note within the jail indicating that C.U. wanted to intimidate one of the key witnesses into not testifying. Nonetheless, Scott persuaded jurors that neither of the key witnesses were credible, and that C.U. wrote the note because he was angered that the witness had falsely claimed he was responsible for the murder.
People v. R.G.
Defendant Receives Probation after Jury Finds Defendant Not Guilty of Murder
The deceased was the live-in boyfriend of the client’s mother. The boyfriend had placed increasing pressure on the mother to have R.G. thrown out of the home. On the date of the incident, an argument between the two turned violent. The victim ultimately was shot twice in the back and died. Scott argued that R.G. was attacked after he stood up to the verbal violence of the deceased, and was able to reach in self-defense for a gun that he kept near his bed. With the deceased on top of him, R.G. shot twice. The jury found R.G. not guilty of first and second degree murder, and deadlocked in the client’s favor for both manslaughter and involuntary manslaughter. The client pled guilty to involuntary manslaughter and was immediately released on probation.
People v. A.S.
Murder Charge Dropped after Jury Deadlocks
The client was charged with a series of armed robberies that led to an incident in which A.S.’s accomplice was killed by one of the robbery victims. The client was charged with the murder, having supposedly provoked the robbery victim to shoot. Scott argued that A.S. had a hearing impediment that left him unable to sense the approaching victim, and therefore A.S. could not have reacted as was claimed. The jury deadlocked on the murder charge, which was then dismissed.
People v. J.H.
Jury Finds Defendant Not Guilty of Two Attempted Premeditated Murders
Witnesses alleged that client rode his bicycle into an apartment complex filled with rival gang members and began firing a handgun. Several bullet strikes corroborated the witness versions. J.H. fled when cops attempted arrest him soon after the incident. Scott successfully argued that despite picking client out of a lineup, the witnesses chose J.H. because they believed he was responsible for a recent tagging at the complex. Defendant was found not guilty of all charges, including two counts of premeditated attempted murder, which carried a potential sentence of two life terms in prison.
People v. E.W.
After Jury Trial Prosecution Agrees to Dismiss Charges Alleging Third-Strike Defendant Had Attempted to Kill Police Officer and Second Victim with Machine Gun
A police officer testified that he drove up to a fast-food restaurant and observed client firing a machine gun at fleeing victims. The officer testified that he, himself, fired at E.W. after the client turned and shot at him. E.W. then fled the scene with the officer in pursuit. The officer said E.W. shot again at the officer with a second weapon as he fled. Scott argued to the jury that radio calls from the officer revealed that the officer had fabricated critical details. The jury deadlocked on both counts of attempted murder and E.W. pled to lesser charges, avoiding a life sentence.
People v. C.G.
Jury Finds Defendant Not Guilty of Torture and Child Abuse, Avoiding a Life Sentence
The client burned her daughter several times with an iron leaving visible impressions on her body. Scott successfully argued that in C.G.’s post-partum state—living with an infant child in cramped living conditions and other pressures—led to spontaneous acts that were committed without the required intent to support charges of torture. The jury found C.G. not guilty of torture and felony child abuse.
People v. M.A.
Dismissal of Two Attempted Premeditated Murder Convictions after New Trial Motion Granted
The client was charged with two counts of premeditated attempted murder after he fired a weapon from his car at a nearby vehicle. During trial, the prosecution’s lead investigator claimed the crime occurred in rival gang territory, despite saying the opposite at the preliminary hearing. After the client was convicted, Scott uncovered evidence that the testimony regarding the territory was untrue and that he had hidden a plan to testify falsely. Scott’s motion for new trial was granted and the client pled to lesser charges avoiding two life sentences.
People v. U.K.
Jury Finds Defendant Not Guilty of Assault to Commit Rape and Residential Burglary
The client was charged with breaking into the victim’s apartment. Once inside the victim’s room, U.K. allegedly began touching the victim against her will and with the intent to commit rape. Scott argued that the client was highly intoxicated and mistakenly believed that the victim wanted him to come to the house and have sexual relations. The client had immediately fled when his advances were rejected, which Scott argued demonstrated that he lacked the required intent. The jury agreed and acquitted U.K. of both assault to commit rape and residential burglary.
People v. N.S.
Jury Finds Defendant Not Guilty of Felony Child Abuse
The client was charged with touching the private parts of a neighborhood child who was under 14 years old. N.S. denied the charges and Scott accumulated evidence before and during trial that supported the defense position that the story of what occurred was unreliable. The jury found N.S. not guilty. Although N.S. was initially convicted of a lesser misdemeanor charge, Scott successfully argued after trial that this conviction was outside the statute of limitations and that charge was also dismissed.
People v. W.G.
Jury Finds Defendant Not Guilty of Felony Assault with Great Bodily Injury
Police arrived and found the bloodied victim with a skull fracture and broken clavicle. The victim claimed that client had attacked him without provocation, using a large flashlight. W.G. testified that the victim wanted to drive drunk and that when he tried to stop him from leaving, the victim attacked. The jury believed client’s version of self-defense and he was found not guilty of felony assault causing great bodily injury.