San Diego DUI criminal defense lawyers at www.SanDiegoDUIhelp.com and www.SanDiegoDrunkDrivingAttorney.net say this stinks.
SAN DIEGO – A mistrial was declared Monday when a home-invasion robbery suspect smeared human feces on his attorney’s face then threw more at the jury.
Weusi McGowan, 37, was upset because San Diego Superior Court Judge Jeffrey Fraser refused to remove Deputy Alternate Public Defender Jeffrey Martin from the case, prosecutor Christopher Lawson said.
At the mid-morning break, McGowan produced a plastic baggie filled with fecal matter and spread it on Martin’s hair and face, then flung the excrement toward the jury box, hitting the briefcase of juror No. 9 but missing the juror himself.
“That juror didn’t even see it coming,” Lawson said.
The prosecutor said the defendant was compliant after the outburst and was taken into custody without further incident.
After lunch, Fraser dismissed the jury, telling them McGowan would have to get a new lawyer and that his trial would be delayed.
The judge scheduled a status conference for Feb. 9 and raised the defendant’s bail from $250,000 to $1 million, finding he is a danger to the community.
Lawson said McGowan originally became upset last week when he claimed one of the jurors saw him in shackles as he to the courtroom. Fraser dismissed all jurors who saw the defendant in shackles, the prosecutor said.
“The judge had been very fair,” Lawson said. “All jurors who saw it were dismissed.”
Fraser had also denied McGowan’s attempt to represent himself, saying the request was untimely, Lawson said.
The prosecutor said the defendant had previously wiped human feces on himself and was examined by doctors to ensure he was mentally competent to stand trial.
McGowan is charged with kidnapping for robbery, assault with a deadly weapon and other counts and could face assault charges in connection with the attack on his attorney and jury, Lawson said.
The prosecutor said the defendant hit a man with a rock in a sock as the victim came out of his home to investigate a commotion on Oct. 17, 2007.
McGowan allegedly ransacked the man’s apartment then stole some of the victim’s belongings and took off in the victim’s car. He was arrested 20 minutes later.
And if you have been arrested or cited for a DUI or drunk driving offense that occurred in the San Diego area, you need the best San Diego DUI attorney available to defend your San Diego drunk driving case.
An experienced San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. With a goal to protect your legal rights and reduce penalties to the minimum, you San Diego DUI criminal defense lawyer will keep you advised every step of the way.
In order to properly defend your San Diego DUI case and give you the best chance to get back to your life, it is important to seek San Diego DUI legal representation immediately.
Retaining top San Diego drunk driving legal representation will ensure any necessary bail posting as soon as possible to reduce initial San Diego jail time.
The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper San Diego procedure.
If your San Diego DUI criminal lawyer identifies an illegal action or misconduct by the San Diego police officer, it could be grounds for San Diego DUI case dismissal.
However, if all proper San Diego procedures were followed – an unlikely event – your San Diego DUI attorney will nonetheless defend your San Diego drunk driving case to the most professional extent.
A first San Diego DUI / drunk driving offense is the best opportunity for your San Diego DUI defense lawyer to vigorously defend and to request a reduced San Diego DUI sentencing.
A premier San Diego DUI attorney will be one with over 24 years of experience and expertise in San Diego California drunk driving cases. Excellent San Diego court outcomes and satisfied clients will also be illustrative of the talent of your San Diego DUI / drunk driving criminal attorney.
San Diego DUI law firms provide free initial consultation to learn more about your case. To find the best San Diego DUI criminal defense lawyer, visit www.SanDiegoDrunkDrivingAttorney.net .
You can read more -Why use San Diego County’s Specialist in DUI and DMV Law https://www.sandiegoduilawyer.com/new/why.html .
Or try a Free California DUI Evaluation at http://www.sandiegodrunkdrivingattorney.net/survey.html .
San Diego California Criminal Defense Attorney Rick Mueller recently spoke at the California Attorneys For Criminal Justice annual DUI seminar in Rancho Mirage, California: http://www.cacj.org/Events/forms/DUI%20Brochure%20Final.pdf . The California criminal defense lawyers who attended informed the President of the California DUI Lawyers Association that San Diego California DUI criminal defense attorney Rick Mueller was very good.
What you must do within 10 days of being arrested
10. If you need to save your driver’s license or privileges, your attorney has only ten (10) calendar days to contact DMV!
Do not schedule yourself. If you contact DMV to schedule a date conflicting with your attorney’s calendar, DMV will not reschedule and you may not get the attorney of your choice. There is no rush as long as your attorney contacts DMV by the 10th day from your arrest.
9. The ten (10) day time limit is computed from the Issue date of the SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE. If time is running out or you are late, contact an attorney ASAP.
8. This ADMINISTRATIVE PER SE SUSPENSION/REVOCATION ORDER AND TEMPORARY DRIVER LICENSE is the California DMV paper which you should have received.
7. Even if you did not receive this DMV paper, the California DMV will probably take action against your driving privileges.
6. Even if you have a license from another state, and even if the officer did not take your license, that state may also take action against your driving privileges.
5. This TEMPORARY DRIVER LICENSE ENDORSEMENT is valid for only thirty (30) days from the issue date.
If a DMV hearing is requested within ten (10) days, your DMV TEMPORARY will be extended & there will be a stay (delay) of any suspension until the outcome of your DMV hearing is determined.
4. Do not confuse this initial 30 day TEMPORARY DRIVER LICENSE with your court date!
The DMV and criminal proceedings are separate and independent. The outcome of one almost never affects the other. Sometimes the officer or the DMV paper confuses or misleads you to believe that the TEMPORARY DRIVER LICENSE is good “until the court date”. If there are approximately thirty (30) days from your arrest date to your court date, this may just be a dangerous coincidence. There usually are months before your DMV hearing takes place.
3. There are three (3) issues at the hearing if you completed a chemical test. (See reverse side of DMV paper.)
Issues are whether the officer had probable cause to stop or contact you or whether the chemical test evidence is beatable.
2. The DMV has the burden of proof to prevail on all three (3) issues. If DMV meets the burden of proof on two (2) issues, you win!
1. All a DMV attorney has to do is knock out one (1) DMV issue to save your license & you avoid any reissue fee and/or Proof of Insurance SR-22 filing!
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