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PDF Editor FAQ

What is the strangest or most important case you tried or defended?

Jeffrey Allen Wallace was charged with a series of rapes which had terrorized the suburban communities of Contra Costa County. Wallace had been dubbed the "I-680" rapist by the media because he struck along the freeway corridor of the same name. However, he was known to police as the "flex-tie rapist" because he tied his victims up with flex-ties; plastic strips similar to disposable police handcuffs.Wallace had been tied to the rapes through a combination of circumstantial evidence and DNA. Although none of the victims ever saw Wallace directly, the circumstantial evidence was strong enough to show that the same man had committed all of the charged offenses; the general description was the same, the use of flex-ties, the use of a lubricant, the modus operandi--all showed that we were dealing with a single perpetrator. The DNA evidence taken from two of the rapes proved that the man was Wallace. However, the science of DNA was still new and subject to question in 1990, and I was unsure whether the jury would accept it as proof beyond a reasonable doubt.One of the most brutal rapes occurred on a Friday afternoon, in the City of San Ramon. It was the strongest of the cases because the victim, a 15 year old girl, was able to identify the upholstery of Wallace's truck (she had been bound, blindfolded and taken from her home to a remote location) as well as the music he played on his tape deck (Bad Company -- a tape later found in Wallace's truck). The victim was released at approximately 4:15 p.m. after negotiating with Wallace to spare her life. DNA samples matched Wallace.At trial, the defense presented an alibi witness. She testified that, on the Friday in question, she left her work in Concord at 4:30 and went directly to a bowling alley across the street. There she saw Wallace, whom she spoke to. She produced a time card to corroborate the time she left work. This witness was critical to the defense because it is not possible to get from San Ramon to Concord on a Friday afternoon in less than 40 minutes. I was very concerned because the witness did not appear to have any strong connection with Wallace, other than as a bowling league acquaintance. Yet she was certain about her recollection of the time, and I was unable to shake her testimony on cross-exam. This witness was very troubling, because if one of the incidents fell, particularly one that relied on DNA evidence, then Wallace would probably be acquitted on all of them.When I returned to the office after the day's court session, I received the call of my life. An anonymous female called to tell me that she had been following the case in the newspaper, and she was concerned that Wallace might get off. She said that she knew the people involved and that Wallace had confessed to his girlfriend because the girlfriend had told her (of course, the girlfriend denied this on the stand). I then asked the caller about the alibi witness who had just testified. The caller said that the witness had not made it to the bowling alley until 5:30 that afternoon because she had to pick her car up at the auto shop after work and had to wait until it was finished. The tipster thought that the car might have been repaired at the local Firestone shop.At this time of the evening, the Firestone shop had already closed. I instructed my investigator to be at the shop at the crack of dawn to see if they had some sort of repair record. Though I was skeptical that such a key piece of evidence would turn up so late in the trial, I made a personal promise that if the record did exist, I would never smoke another cigarette. I could hardly sleep that night.The next morning, I tried to forget about the Firestone shop, because there was a strong likelihood that the defendant would take the stand that morning and I had to concentrate on my cross-examination. I went down to court and finished my cross-examination of the defendant's father, who tried to provide an alibi for one of the other rapes, but whom I had shredded on cross-examination.Just as I finished, my investigator burst into the courtroom with a big grin on his face and a piece of paper in his hand. The jury turned to see what the commotion was, and Wallace and his attorney watched with great curiosity as I walked back to the door to confer with my investigator. Sure enough, he had found the Firestone receipt for the day in question. Better still, the receipt noted the exact time the car was picked up, and required the customer to initial the time. There, on the receipt, were the witness' initials, next to the time "5:25 p.m." I almost shouted out loud "Gotchya!"I immediately asked to approach the bench. "I want to recall Ms. ______" I told the judge, "right now!" The defense attorney began to sputter about late discovery and unfair prejudice to his client and how he would move for a mistrial if this “new evidence” was admitted. For a moment, I was afraid the judge wouldn't allow the evidence. The judge said to defense counsel, "she's subject to being recalled, counsel, I want her back in here immediately." I said, "we'll get her judge, my investigator is already on his way."The woman retook the stand, and when shown the Firestone receipt, she began to cry. She admitted she must have been mistaken, and apologized to the jury. I felt a little bit sorry for her, as it was clear she just had the wrong week in mind – and that defense counsel had reassured her that her testimony was correct.A blown alibi is devastating to the defense. Wallace was convicted of all 49 counts and received a sentence of 303 years. However, as I quipped to the news reporters, "with good behavior, he'll only do half that." I never smoked again.People v. Wallace (1993)14 Cal. App. 4th 651 [17 Cal. Rptr. 2d 721]

What is the "reddest" town in America?

It’s Miami.No, not that one.Going by the 2016 Presidential election results, the ‘reddest’ county by political leaning is Roberts County, in the Texas panhandle, where 95% of votes were for Trump. Admittedly those 95% comprises only 524 people - but that’s a lot more than the 20 souls who voted Clinton.The county seat of Roberts is Miami, Texas:The top ten ‘reddest’ counties were:Roberts County, TX (95% for Trump)King County, TX (94%)Grant County, NE (93%)Hayes County, NE (92%)Motley County, TX (92%)Glasscock County, TX (92%)Shackelford County, TX (92%)McMullen County, TX (91%)Wallace County, KS (91%)Garfield County, MT (91%)Data from here: https://data.opendatasoft.com/explore/dataset/usa-2016-presidential-election-by-county%40public/table

As a conservative, what must you grudgingly admit?

I wouldn't say anything grudgingly because I'm not reluctant to answer this question. I'm a conservative who isn't afraid to admit:Gay people have every right to marriage as straight people.A business has the right to refuse service to anyone for any reason, but I think that baker in Colorado should have just baked the cake, just as much as the restaurant owner in Virginia should have served Sarah Sanders and her family. I don't know how true the statement was in the Harvey Milk biopic with Sean Penn, but Harvey's character said “I’m a businessman, Scott. And businesses should be good to their customers,” when his boyfriend, Scott's character asked him why he cared about political activism when he's a republican.DACA should not be repealed because it's absolutely unfair to throw people out of the only country they know.NFL players have every right to kneel during the national anthem.It's good to support law enforcement officers to keep the peace, but the worship of LEO's is almost frightening.I support San Francisco's status as a sanctuary city. If there are violent criminals that need to be apprehended, the Feds can issue an arrest warrant and I wouldn't shed a quarter of a tear of that individual's deportation.A lot of conservatives talk about “state rights.” If the people of California vote to be a sanctuary state, then so be it. Perhaps it should be left to a county-level, but I already know the democrats in both the Assembly and the Senate wouldn't agree with me.The undermining of millennials and people who live in California is getting really old. I get your jokes, but when you say things like that with such seriousness, I'm going to suggest that you just shut your mouth and keep it closed.Ending the drug war. I understand people catch a lot of heat for saying that drug use should be legalized, but if someone is destroying their own body, then that's not up to me to stop. If a drug user commits theft, rape or murder, then they need to go down for those specific crimes.That's about all I can think of for the time being. I'll throw in more if I think of something to add. Feel free to call me a “snowflake” or any kind of ad hominem character attack, but you're only stooping to the same level as radical left-wingers.

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