Speak with us now at 213-375-0000

Recent News

January 24, 2024:  Ian Wallach and Katherine (“Kacey”) McBroom presented at NACDL's 2024 Victor Sherman Advanced Criminal Law Seminar in Aspen, Colorado.  The presentation was titled “Joshua Triste: An Ethical Conundrum -- Raising Or Waiving Challenges To Judicial Bias, Collusion, and Prosecutorial Misconduct”.  Mr. Wallach and Ms. McBroom discussed the People v. Martinez trial and how to raise and preserve claims of prosecutorial misconduct; judicial misconduct and collusion; and law enforcement misconduct, as well as what remedies are available to a client who has been abused by the criminal legal system.

Read more at DesertMess.

 
December 15, 2023Law.com/LM applauds Ian WallachKatherine McBroom, and Nancy Grey in the section titled  “Litigators of the Week, Runners-Up And Shout Outs, stating “And here's one last shout out to Ian Wallach of the Law Offices of Ian Wallach and Kacey McBroom of Kaedian LLP who won an acquittal for a former school janitor who has been jailed since January 2019 on charges that he sexually abused students at Maple Elementary School in Hesperia, California. Jurors in Joshua Tree this week returned not guilty verdicts on all 10 charges against the defendant, Pedro Martinez, with the court dismissing an 11th charge during the three-and-a-half month trial. The defense team also included Nancy Gray of Gray & Associates Law Offices.

The article can be read here:  https://www.law.com/litigationdaily/2023/12/15/litigator-of-the-week-runners-up-and-shout-outs-63/
 
December 12, 2023:  Ian Wallach and Katherine (“Kacey”) McBroom are recognized internationally for their work on the Pedro Martinez Case.  A few of the many articles from around the world are listed here:
 

 

BREAKING NEWS

 

Jury Acquits and Frees Pedro Martinez After Wrongfully Charged with Child Sexual Abuse

 
December 12, 2023 (Joshua Tree, Calif.) – Yesterday, a jury in the Superior Court of San Bernardino County, Joshua Tree District, acquitted Mr. Pedro Martinez of Hesperia, California, finding him not guilty on all 10 counts of child sexual and abuse while serving as a custodian at Maple Elementary in Hesperia. An 11th count was dismissed mid-trial.
Read article from The Washington Post.
 
After a three-and-a-half-month-long trial, the jury found that Mr. Martinez was not guilty of the crimes of which he was accused.
 
Mr. Martinez, who has been incarcerated since January 22, 2019, has been released.
 
According to criminal defense trial attorney Ian Wallach, “Magdalena Serna, a mentally ill woman who was repeatedly abusing a child, deflected attention to a school janitor by falsely claiming the child made fantastical allegations concerning several children. Sadly, her allegations were believed true by San Bernadino County Sheriff's Deputy Jonathan Womelsdorf. The deputy never interviewed the boy. The deputy then interviewed the other children named by Ms. Serna and all denied abuse. He then abandoned all training and interrogated a six-year-old child with leading and suggestive questions to affirm the hysterical allegations. The child continued to deny that abuse happened, but after thirty minutes, the boy acquiesced, and provided answers that, although nonsensical, suggested abuse occurred. None of the child's statements matched those of Ms. Serna. Had the boy been interviewed by anyone with proper training in child forensic interviewing, Mr. Martinez would never have been charged and the woman who made the allegations would have been properly investigated. And had Ms. Serna been investigated, the details of her multiple prior identical allegations against others and her prior criminal history for elder abuse would have been discovered. Further, her eventual criminal prosecution for abusing the child she was claiming to protect would have been discovered. The refusal to investigate Ms. Serna is reprehensible. And why Mr. Martinez wasn't released once this evidence came to light is appalling. Lead Detective, Josette Tracy seems to have decided that to protect her colleague from embarrassment, Mr. Martinez was expendable.”
 
“San Bernardino County Sheriff's Department failed multiple children, failed Mr. Martinez, and failed the Hesperia community. The jury saw this plain as day. Why the Sheriff's Department and the San Bernardino County District Attorney's office could not and did not is appalling. Accusations of child molestation are extremely serious and we expect law enforcement to respond swiftly. However, we expect law enforcement to act with integrity and professionalism at every step. We expect compliance with training and protocol, we expect accountability for errors, and we expect thorough investigations. Law enforcement is not supposed to endorse witch hunts at all costs and get carried away with panic, pride, and self-preservation. That is precisely what happened here. Mr. Martinez waited five years for a level-headed evaluation of this case and the jury delivered. It is chilling that with such a stark lack of corroborating evidence, law enforcement pressed forward, labeling an innocent man a ‘monster' and endorsing the rantings of a clearly troubled woman. Despite the Court severely limiting the evidence we sought to introduce at trial, the truth bubbled through. Thankfully, the jury had the courage and where-with-all to do what should have been done five years ago. Justice, although delayed, was indeed served.” said Katherine McBroom, co-counsel for Mr. Martinez and founding partner of Kaedian LLP.
 
Nancy Gray, of Gray & Associates Law Offices P.C., was also an essential part of the defense team.
 

BACKGROUND

Mr. Martinez was arrested and jailed in January 2019 following claims of sexual and physical abuse against several then-six-year-old boys at Maple Elementary School, as alleged by Magdalena Serna, the then-girlfriend of the mother of one of the boys and a known abuser with a criminal record.
 
San Bernadino County Sheriff's Deputy Jonathan Womelsdorf, who lacked specialized training, spoke with three boys who denied any wrongdoing by Mr. Martinez. He separated the boys, and seemingly prompted or coerced one of them to agree that some abuse happened. That is the extent of the evidence.
 
Subsequent interviews with school employees established that the alleged misconduct could not have occurred on school grounds and that Mr. Martinez is a man of good character. Forensic testing, including DNA analyses and Sexual Assault Nurse examinations returned negative results.
 
Despite this significant lack of evidence and more, Mr. Martinez was arrested on January 22, 2019 and has remained in custody ever since. Following delays due to Covid and multiple requests for delays by Deputy District Attorney Deena Pribble with the Office of the District Attorney for the County of San Bernadino, trial began on August 29, 2023.
 
Today, Mr. Martinez is home with his family.
 
 

BREAKING NEWS: Case Victory, November 7, 2023. Los Angeles to pay $8M to man who spent 12 years in prison for armed robberies he didn't commit. Read article from AP News.


On August 6, 2023, Ian Wallach was awarded a Presidential Commendation from the President of the National Association of Criminal Defense Lawyers (“NACDL”) for his work on Police Accountability and the NACDL Task Force on Police Accountability.

December 7, 2021, Ian Wallach, along with Jovan Blacknell and Martin  Kaufman, settle the Barry Montgomery, Jr. case for $2.75 million dollars.  The case involved injuries sustained when three LASD officers beat a young man.  See :"LA County Pays $2.75M To Compton Man With Mental Illness,"  Click HERE for story.

March 17, 2021 Ian Wallach presented a CLE seminar to the Office of the Public Defender for the County of Los Angeles titled “Cross-Examination of the Law Enforcement Officer”.  

December 7, 2020, newly elected District Attorney George Gascon announced a range of criminal justice reform directives.

Upon taking his oath of office on December 7, 2020, newly elected District Attorney George Gascon announced a range of criminal justice reform directives. The new policies aim to address disparities in the system and ensure public safety while also protecting those accused of crimes from being unjustly prosecuted and incarcerated.

A few of the special directives that took effect on December 8, 2020 apply to:

Cash Bail

Cash bail will no longer be required for pre-trial release of people charged with any misdemeanor, non-serious felony, or non-violent felony. Additionally, such release will be without conditions unless terms are needed to ensure that the defendant appears for scheduled court dates. If conditions are set, they must be reasonable and only to the level necessary to protect the public's safety and ensure the defendant will attend their proceedings.

The justification behind this reform is that cash bail perpetuates a cycle of criminal behavior, affects families and communities, and unfairly impacts people of color. By eliminating cash bail, individuals who don't have the financial means to pay for their release will no longer be unnecessarily held in custody while awaiting trial.

Conviction Integrity Unit

Because false accusations and wrongful convictions frequently occur in the criminal justice system, the Los Angeles County District Attorney's Conviction Integrity Unit (CIU) will employ stringent case review criteria. A strategic and thorough approach will be applied when looking into claims of innocence or wrongful conviction. The Unit will review such cases filed in Los Angeles County where evidence or methods are available to substantiate the claims. In cases where the selection criteria do not apply, the CIU may use an "interest of justice" exception.

Death Penalty

As of December 8, 2020, the L.A. County District Attorney's Office will no longer seek the death penalty. If any case is pending and the death penalty has not been sought, such a sanction can no longer be pursued. According to the memo from District Attorney George Gascón, the death penalty is ineffective at deterring crime and puts innocent people's lives at risk. Additionally, the death penalty is disproportionately imposed upon people of color.

Felony Charging

The L.A. County District Attorney's Offense will longer pursue sentence enhancements or other sentence allegations. District Attorney George Gascón's memo on the directive refers to research that suggests sentence enhancements do not deter crime and may result in recidivism. As such, the office will apply only the statutory ranges to cases, which should be "sufficient to both hold people accountable and also to protect public safety."

The change in policy applies to:

  • Prior strike enhancements
  • "5 year prior" and "3 year prior" enhancements
  • Gang enhancements
  • Special Circumstances allegations
  • Violations of bail or own recognizance release

If any cases are pending and sentence enhancements were sought, they shall be withdrawn. Additionally, if anyone was convicted with 120 days of the new policy and subject to a sentence enhancement, they can seek resentencing.

Habeas Petitions

Under this new directive, the L.A. County DA's Habeas Litigation (HABLIT) Unit will not immediately defend convictions or fervently pursue challenges against post-conviction disputes. Instead, HABLIT must thoroughly review the case and evaluate its merits. If the Unit determines that the conviction was wrongful, it shall recommend solutions to remedy the injustice.

Youth Justice

The L.A. County District Attorney's Office will take into account research and science behind juvenile development when pursuing cases involving minors. The Office will not transfer any juvenile case to adult court, will not prosecute misdemeanors, will refer juveniles accused of felonies to diversion programs. It will focus on alternatives to detention to helping kids stay out of the juvenile/criminal justice system. Resources will be invested in programs and services that will give minors access to treatment and support for mental health issues and trauma.

Misdemeanors

Many misdemeanors are committed by people suffering from mental health issues, substance abuse problems, and homelessness. Prosecuting such offenses are costly and often result in a pattern of criminal behavior. They affect the accused, as well as their family and the community as a whole. As such, the L.A. County District Attorney's Office will begin declining or dismissing cases associated with these problems. Instead of being subjected to criminal penalties, the individual will be diverted to treatment services to address the underlying issues and prevent recidivism.

The offenses to which the new policy applies include but are not limited to:

  • Trespass
  • Disturbing the peace
  • Driving without a valid license
  • Driving on a suspended license
  • Criminal threats
  • Drug and paraphernalia possession
  • Minor in possession of alcohol
  • Drinking in public
  • Under the influence of a controlled substance
  • Public intoxication
  • Loitering
  • Loitering to commit prostitution
  • Resisting arrest
  • If certain exceptions exist, the assistant district attorney may pursue prosecution.

Resentencing

New sentencing policies are aimed at overhauling outdated directives that did more harm than good. Resentencing will apply to both pending cases and those that have already concluded. The L.A. County District Attorney's Office will review cases in which the sentence imposed was not proportionate to the crime committed. It will consider resentencing individuals who have served at least 15 years of their term.

Victims

The Bureau of Victim Services (BVS) will focus on helping crime victims heal and re-enter society by providing the support and services they need.

Under the new policy, the BVS will:

  • Contact victims within 24 hours of being notified of the offense
  • Contact surviving family members of victims of police violence
  • Provide support to all victims and their families regardless of immigration status
  • Provide financial resources for victims and their families
  • About DA George Gascon

In 1967, George Gascon emigrated from Cuba with his parents. They first lived in Miami and then moved to Los Angeles, where Gascon, struggling with language barriers, dropped out of high school and began working at a grocery store. He served in the army and eventually earned his degree in history. Gascon worked as a patrol officer with the Los Angeles Police Department and was later appointed San Francisco's Chief of Police by then-Mayor Gavin Newsom. Later, he served as the San Francisco District Attorney and was re-elected twice.  Gascon is known for his pursuit of criminal justice reform and his focus on fairness and safety.

The L.A. County District Attorney's Office's new directives will affect numerous people currently charged with crimes or who have already been convicted. They provide access to treatment services and legal vehicles that allow for a second chance at life. I, Attorney Ian Wallach, am committed to helping individuals in Los Angeles seek the best possible outcomes in criminal matters. I am ready to provide the legal services necessary to assist you or your loved one in taking advantage of the opportunities available under the new policies.

November 1, 2019.  Former Commissioner Mark Zuckman (Ret.) Joins The Law Office of Ian Wallach, PC as Of Counsel.

Commissioner Mark Zuckman (Ret.)  has become of counsel to the Law Office of Ian Wallach, PC.  Mark Zuckman graduated Magnum Cum Laude and Phi Beta Kappa from USC and obtained his JD from UC Davis in 1980. He was a Deputy Public Defender in Los Angeles for 21 years, where he was both a senior trial attorney, trying dozens of murder cases, including a death penalty retrial, and well the Supervising attorney in Beverly Hills Courthouse. In 2002 he was appointed Superior Court Commissioner and presided over misdemeanor and felony trials and the Preliminary Hearing Court (where he alone had the  power to dismiss felony cases for lack of evidence, or permit the case to go to trial based on his legal and credibility judgments.)

Mr. Zuckman's excellence on the bench was twice recognized. In 2005 he was voted  “Commissioner of the Year” by the Century City Bar Association, and in 2015 the Criminal Court Bar Association honored him as  the Criminal Court Judge of the Year for all of Los Angeles County.

Having retired in March 2019, Mark has brings to our firm his unique experience as a criminal defense attorney and his “insiders” understanding of the judicial system.

October 10, 2018.  Ian Wallach chairs NACDL's 13th Annual "Defending Modern Drug Cases", Las Vegas, Nevada, September 17-- 20, 2019 .

May 3, 2019.  Ian Wallach presents at the National Association of Criminal Defense Attorneys ("NACDL") 2019 Spring Meeting & Seminar: "Walking The Line: Advanced Cross-Examination Techniques"; May 1-4, 2019, Loews Vanderbilt Hotel, Nashville, TN, titled "Cross-Examining the Police Officer: Asking the Questions That Let the Jury See Bias."

October 10, 2018.  Ian Wallach chairs NACDL's 11th Annual "Defending Modern Drug Cases", Las Vegas, Nevada, October 11 - 13, 2018 .

July 20, 2018.  Ian Wallach elected to the Board of Directors of the National Association of Criminal Defense Attorneys ("NACDL").  The National Association of Criminal Defense Attorneys is the foremost legal association protecting the rights of the accused and convicted.  The National Association of Criminal Defense Lawyers (NACDL) is an American criminal defense organization whose members include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors, judges, and defense counsel in international criminal tribunals, including the International Criminal Tribunal for the former Yugoslavia.  NACDL, headquartered in Washington, D.C., was founded in 1958, has nearly 9,000 direct members and 90 state, local, and international affiliate criminal defense lawyer organizations with a total of about 40,000 members. NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.  NACDL'S mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal justice system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all all  all accused persons at the highest level.  For more information, see WWW.NACDL.ORG.

February 19, 2018.  Ian Wallach presents National Association of Criminal Defense Attorneys ("NACDL") 2018 Midwinter Meeting & Seminar: "Jazzin'-Up Your Jury: Selection, Connection, and Persuasion" February 14-17, 2018, Royal Sonesta Hotel, New Orleans, Louisiana, titled "Setting Up A Knockdown When Blue Isn't True, Voir Dire In Cases Involving Officer Credibility." 

October 5, 2017.  Ian Wallach chairs NACDL's 10th Annual "Defending Modern Drug Cases", Las Vegas, Nevada, October 5 - 7, 2018.

May 31, 2017.  Family Reaches $2.3 Million Dollar Settlement In Dontre Hamilton Killing Case.  A personal note -- it was an honor to fight for this family's quest for justice, and I'll keep fighting for them, and helping the Hamilton's efforts to protect others from enduring what they had to.  Some of the coverage of the settlement is below, with links to the articles: 

May 10, 2017.  Tentative Settlement Reached for $2.3 Million Dollars in Dontre Hamilton Shooting Case.  An article on the status of the settlement can be read hereJovan Blacknell and Ian Wallach were Lead Trial Counsel in this matter.

April 12, 2016.  Federal Court Grants Summary Judgment To Plaintiffs in Dontre Hamilton Red Arrow Park Shooting Case (and denied all of the Defendants' motions to dismiss the case).  The Associated Press covered the story that can be read here.  The decision can be read here.  

March 13, 2017.  Federal Lawyer Publishes Article By Ian Wallach Titled ""Drafting a Tort Complaint Against the Federal Government and Its Contractors and the Limitations on the Independent Contractor and Discretionary Function Exceptions " (Federal Lawyer, March 2017).  The article can be downloaded here.

December 22, 2016.  9th Circuit reinstates District Court Dismissal of Valley Fever Claims Brought By Inmates Against the Private Contractor of a Federal Prison.  The consolidated cases of Aluya, Hammond, and Sutton vs. MTC can be downloaded here.

Thursday, June 23, 2016.  Article By Ian Wallach Discussing Inmate's Rights and How To Frame A FTCA Complaint Published On Website For California Lawyer (A Division Of The Daily Journal).  The article -- Federal Tort Claims & The Issue Of Sovereign Immunity, discusses the 9th Circuit' recent May 20, 2016 Opinion in Edison v. United States, ___ F.3d ___ (9th Cir. 2016), 2016 WL 2946347 (9th Cir.), where the Court enumerated the limits on the application of the "independent contractor" exception in cases where the USA has hired subcontractors to perform governmental duties but retained some responsibilities.  It appears on the California Lawyer Website (www.callawyer.com).

Monday, May 23, 2016.  Los Angeles Daily Journal covers Edison v. USA decision allowing claims by inmates against USA alleging valley fever infections resulting from incarceration at Taft correctional facility to proceed  (click here for article)

Friday, May 20, 2016.  9TH CIRCUIT DECISION RELATED TO INMATES' RIGHT TO SUE USA FOR CLAIMS ARISING FROM VALLEY FEVER INFECTIONS AT TAFT COVERED BY ASSOCIATED PRESS AND OTHER AGENCIES.

Articles included:

  • SF Gate, May 20, 2016, "Appeals court reinstates Valley Fever suits against US" (Ian Wallach quoted in article) (click here for article)
  • Courthouse News Service, May 23, 2016, "U.S.A. Is Liable for Valley Fever in Prison" (Ian Wallach quoted in article) (click here for article)
  • San Francisco Chronicle, May 20, 2016, "Appeals court reinstates Valley Fever suits against US" (Ian Wallach quoted in article) (click here for article)
  • Q&A: Ian Wallach '99 on today's 9th Circuit reversal of the District Court's dismissal of inmates' claims in the consolidated cases of Edison v. USA and Nuwintore v. USA (click here for article)

Friday, May 20, 2016.  9TH CIRCUIT REVERSES WRONGFUL DISMISSAL OF ACTIONS IN IAN WALLACH'S VALLEY FEVER CASE.

Mr. Wallach represents several present and former inmates in actions before the Eastern District of California alleging that they acquired valley fever as a result of their incarceration at the Taft facility.  The lower court dismissed the USA from the actions on the grounds of sovereign immunity.  Mr. Wallach appealed, and argued the matter before the 9th Cir. on February 8, 2016 (which can be seen here).  On May 20, 2016, in the consolidated cases of People v. Edison & People v. Nuwintore, the 9th Circuit Court of Appeals unanimously adopted all three arguments by the Plaintiffs and reinstated their causes of action.  The decision can be read here.

Monday, May 15, 2016.  "NOT GUILTY" on four counts, hang on remaining.  Alhrambra Courthouse.  The People alleged that the client, who was married to a government official, engaged in acts of domestic violence, child endangernment, and destruction of property.  Following a six day trial, the jury returned verdicts of "Not Guilty" on all counts but for one vandalism count -- where the jury was deadlocked.  

Wednesday, November 11, 2015.  KPCC Southern California Public Radio Covers Ian Wallach's case of officers shooting an unarmed mentally ill man.  The article, captioned "Officer Involved: A Cry For Help" details several instances of officer shootings of the mentally ill and the need for change, and can be read here:  http://projects.scpr.org/officer-involved/stories/a-call-for-help/

Tuesday, November 10, 2015.  Prosecution Dismisses Drug-Sales Case Mid Trial.  Compton Courthouse.  The client had 16 years of exposure at 80%, and the offer prior to trial was 2 years at 50%.  Four days into the trial, the last witness was a LAPD Police Officer who acknowledged making several false representations in the arrest report and the search warrant affidavit.  The Prosecution admirably chose to dismiss the case mid-trial based on the lack of the officer's credibility.  

Monday, August 10, 2015.   Client with 12 years exposure gets 45 days CalTrans.  Torrance Courthouse.  The client was offered five years of state prison.  On the day of trial, with all witnesses subpoenaed and issues identified, the prosecution agreed to a disposition allowing for 45 days of CalTrans.  The client is eligible for a misdemeanor and expungement upon completion of probation.

Friday, May 8, 2015.  Not Guilty.  Metro Courthouse.  Department 75.  Mr. Wallach's client acquitted after an eleven day trial.  The client was facing allegations of DUI and a refusal.  The verdict came back in 30 minutes, finding the client "Not Guilty."

Tuesday, November 26, 2014.  KTLA Covers Retention of Ian Wallach in Case Where Student was Strangled by a Los Angeles Unified School District Teacher at Mark Twain Middle School.  This conduct is unacceptable.  And the long-term psychological damage that arises from this abuse of trust is devastating.  But we also recognize that teachers are primarily decent civil servants, working in overcrowded classrooms with limited resources.  The issues are not only "who did this" or "how could it happen" but more "what can we do" and what can the LAUSD do" to ensure that teachers don't lose control and injure children.  The KTLA story is here:http://ktla.com/2014/11/26/middle-school-student-claims-lausd-teacher-choked-him/

October 10, 2014, Wallach On Law – “Final Words”, A Collection Of Last Statements Of Executed Inmates, And Exonoree Ray Krone, Who Came Too Close To Being One – Featuring Marc Asnin and Ray Krone.  Celebrated Photojournalist Marc Asnin discusses his new work, “Final Words”, which documents the final statements of executed death row inmates.  And Ray Krone, a celebrated veteran with no criminal history who spent 10 years incarcerated based on bunk “bite-mark” science, discusses his road to innocence.  Wallach On Law can be heard on iTunes, YouTube, and Stitcher, and this episode can be head on BlogTalkRadio.com here: http://www.blogtalkradio.com/wallachlaw/2014/10/10/final-words-last-statements-of-executed-inmates-with-marc-asnin-ray-krone

October 2, 2014.  Wallach On Law – The Kelly Report and The Need For Gun Legislation – Featuring Congress Person Robin Kelly.  Congress Person Robin Kelly of the Second Congressional District of Illinois compiled “The Kelly Report” – a comprehensive analysis of gun violence in America with proposed recommendations.  She joins the show to discuss The Kelly Report, her efforts to obtain meaningful minimal arms restrictions, and what is keeping gun legislation from being brought before congress for consideration.  Wallach On Law can be heard on iTunes, YouTube, and Stitcher, and this episode can be head on BlogTalkRadio.com here: http://www.blogtalkradio.com/wallachlaw/2014/10/02/the-kelly-report-gun-violence-in-america-with-congress-person-robin-kelly.   The entire Kelly Report can be found here:  http://robinkelly.house.gov/sites/robinkelly.house.gov/files/wysiwyg_uploaded/KellyReport_1.pdf.  

Sept. 23, 2014.  Wallach On Law – Exonerations and Coming Home – Featuring Nicholas Yarris.  Nicholas Yarris was the first individual to seek post-conviction DNA testing.  He was convicted in 1982 based on an edited confession. During his incarceration, he was subsequently convicted of escape and sentenced to 30 years.  He was exonerated of the murder in 2003.  He provides insight to the life of a death-row inmate, and his fight for justice.  His book, “Seven Days to Live: The Amazing True Story of How One Man Survived 21 Years on Death Row for a Crime He Didn't Commit” is about to be re-released, as well as a documentary on his road to freedom and return to post-incarceration society.   Wallach On Law can be heard on iTunes, YouTube, and BlogTalkRadio.com here:  http://www.blogtalkradio.com/wallachlaw/2014/09/22/wallach-on-law-exonerations-and-coming-home-with-nick-yarris

Saturday, September 13, 2014.  Wallach on Law, Fire & Gasoline, Part II -- When The Mentally Ill Meet Police – The Need For CIT Training. Featuring Ret. Maj. C. Samuel CochranDameion PerkinsNathanial Hamiltonand Maria Hamilton.  In the wake of the shootings of Ezell Ford and Dontre Hamilton, we look for answers as to how to train officers to identify and respond to the needs of those challenged by Mental Illness. We speak with Ret. Maj. C. Samuel Cochran of the University of Memphis Crisis Intervention Team program about how officers can be trained to respond to a crisis involving one afflicted with mental illness and what those programs do. And to discuss why we need to implement changes, we speak with the family of Dontre Hamilton, who was killed by an officer in Red Arrow Park in Milwaukee, and learn about him, and the Milwaukee Police Department's response to his killing.  “Wallach On Law” airs on Saturdays at 1:00 pm Eastern Time on AM radio stations nationwide and the episode  is available on iTunes and YouTube and can be also heard here:   http://www.blogtalkradio.com/wallachlaw/2014/09/11/wallach-on-law-fire-gasoline-part-ii--when-the-mentally-ill-meet-police

Saturday, September 6, 2014.  Wallach on Law, Fire & Gasoline --When the Mentally Ill Meet Police.  Featuring Ron Honberg of NAMI (the National Alliance For Mental Illness).  Officer-Involved Fatalities & Shootings on the mentally ill are becoming commonplace.  In August, Ezell Ford was killed by two Los Angeles County Police Department officers, who stopped him because he was acting strange, and when a struggle ensued, killed him when they believed he was reaching for their weapons.  Three months earlier, in Detroit, Dontre Hamilton was lawfully sleeping in a public park and had just been questioned by two officers and deemed a non-threat.  A third officer later woke him with a baton, and when a struggle ensued, the officer shot Mr. Hamilton 14 times killing him.  Neither victim was engaged in illegal conduct, and both suffered from mental illness.  None of these officers received “Crisis Intervention Training”—which teaches law enforcement officers how to identify and respond to those afflicted with mental illness.  Ron Honberg of NAMI joins us to talk about what is needed and why. 

Wallach on Law airs on AM stations nationwide on Saturdays at 1:00pm Eastern Time, and can also be heard on iTunes, iHeart Radio and can also be heard here

http://www.blogtalkradio.com/wallachlaw/2014/09/04/wallach-on-law-fire-gasoline--when-the-mentally-ill-meet-police

Saturday, August 30, 2014.  Wallach on Law -- Gun Legislation & Officer Training -- Featuring California Assembly Member Das Williams, And Gun Rights Activist Sheriff Richard Mack (“Sheriff Mack”).  Gun regulation is potentially the most partisan and divisive issue in the U.S.  Some believe that any form of gun regulation in unlawful.  Others don't believe the Second Amendment provides a right to possess a gun free from regulation.  And others are more concerned with the present – determining that, in the wake of multiple tragedies – the need to better regulate gun access is essential.  This week, Sheriff Mack joins us to explain why he believes gun regulations are illegal, and that our focus should be ending the drug war and improving officer training.  And in the wake of the Isla Vista tragedy, Cal. Assembly Person Das Williams has co-authored a bill that provides a mechanism to keep those who may be unstable temporarily away from weaponry.  He joins us (from the Assembly floor) to discuss his bill as it moves through the California Legislature.   Wallach on Law airs on AM stations nationwide on Saturdays at 1:00pm Eastern Time, and can also be heard on iTunes, iHeart Radio and can also be heard here:  http://www.blogtalkradio.com/wallachlaw/2014/08/28/wallach-on-law-with-das-williams-sheriff-mack

Saturday, August 23, 2014.  Wallach on Law – The Road Back -- Featuring Karen Wolff, Social Worker with the Innocence Project and Harold Hall, who was released after 14 years when the 9th Circuit reversed his conviction.   On Wallach on  Law, we discuss the problems facing those released from jail after prolonged periods – whether incarcerated justly or unjustly.  We speak with Karen Wolff, a social worker with the Innocence Project, about the work of Innocence Projects worldwide, and the tools that are needed to help those who have been in custody assimilate into society.  And we speak with Harold Hall, who was wrongly incarcerated for fourteen years until his conviction was ultimately overturned by a federal circuit court.  He will discuss the process of a coerced confession, the use of “jailhouse snitch” techniques to effectuate a conviction, and the hardships one faces as they attempt to rejoin society.  Wallach on Law is available on ITunes, IHeart Radio, and on blogtalkradio.com here -- http://www.blogtalkradio.com/wallachlaw/2014/08/22/the-road-from-innocence.  The show also airs Saturday, 1:00 pm central time on KKRP Lazer 1610 and other am stations. 

Wednesday, August 20, 2014.  District Court Allows Claims, Including Race-Based Claims, To Proceed In Class Action Filed on Behalf of Black and Elderly Inmates Infected by Valley Fever Due to Incarceration at Pleasant Valley and Avenal Prisons.  United States District Judge Lawrence O'Neill denied a motion brought by Defendants Gov. Brown, Matthew Cate, and other Cal. Dep't. of Corrections officials to dismiss 8th amendment claims, and race-based claims asserting violation of equal protection asserted by inmates of African descent.  The Amended Complaint alleges that the defendants knew, or should have known, that inmates of African descent were nine times more likely to develop the terminal form of “Valley Fever” (known as “disseminated coccidiodomycosis”) and either intentionally or negligently failed to take action to protect them.  The case will now proceed to the discovery phase.   Plaintiffs are represented by the firms of Khorrami Boucher, LLP, Feldman & Wallach, and Arias, Ozello, and Gignac, LLP. 

Judge Lawrence O'Neill's order, and the recommendations and findings of Magistrate Judge Stanley Boone can be read here:  https://drive.google.com/file/d/0Bx7x7FRX0wM-Q0tHd0RXOHI3Tnc/edit?usp=sharing

Sunday, August 17, 2014.  Wallach on Law Featuring Jane Velez Mitchell and Dale Baich – Life and/or Death in Arizona – the Jody Arias Trial and the Process of Lethal Injection.  Ian Wallach welcomes Jane Velez Mitchell, the host of the Jane Velez Mitchell show airing daily on HLN.  She is a frequent contributor to CNN, an award-winning journalist, and author of the New York Times bestseller, “Exposed, The Secret Life of Jody Arias.”  And to better understand the implementation of the death penalty in Arizona, we welcome Dale Baich, a Capital Habeas Attorney with the Federal Public Defender's office in Arizona.  Mr. Baich represented Joseph Wood, and witnessed what is considered the fourth botched execution of 2014.  He will explain the legal and chemical processes of taking a life, and the risks that the current state of lethal injection poses to the convict, the witnesses, and the society in whose name a life is taken.

Wallach on Law airs on Saturdays at 1:00pm on am radio stations throughout the U.S., and is available in IHeart Radio and Itunes and on blogtalkradio here --

http://www.blogtalkradio.com/wallachlaw/2014/08/15/wallach-on-law-featuring-jane-velez-mitchell-and-dale-baich

    • Previous Wallach-On-Law Episodes
  • Wallach On Law with Attorney Cynthia Orr and Exonoree Christopher Ochoa.  This week Ian Wallach discusses exonoration.  We will speak with Cynthia Orr -- one of the top criminal defense lawyers in the nation, ( co-chair elect to the Criminal Justice Section of the American Bar Association and recipient of this year's prestigious Robert Heeney award) about the process of exoneration, and the unexpected hurdles that can face an innocent person who has been wrongly convicted.  And we also welcome Christopher Ochoa, an innocent man who was convicted of rape and murder and incarcerated for 11 years, and then was exonerated in 2011.  His conviction was based on a coerced confession, and we will discuss what that is and how it takes place.  You will also learn his surprising take on the Criminal Justice system.   Ian Wallach also discusses the Joseph Lamont Walker trial in Annapolis, Maryland, the execution of Joseph R. Wood (the fourth botched execution of 2014), and the warrant in the Manassas sexting case.  A link to the show is here:http://www.blogtalkradio.com/wallachlaw/2014/08/03/wallach-on-law-featuring-cynthia-orr-christopher-ochoa
  • Wallach On Law With Don West -- One Year After Zimmerman.  July 13 marks the one-year anniversary of the verdict in the highly-publicized trial of George Zimmerman, who was charged with the murder of Trayvon Martin.  Don West, along with Mark O'Mara, were George Zimmerman's attorneys at trial.  Don West joins us today.  Mr. West is a dedicated trial attorney whose career has largely been spent providing services to the indigent community.  He is the former Senior Litigation Counsel for the Federal Defender's Office and supervisor of its Capital Defense Team. A criminal trial specialist, he has represented those accused of all nature of offenses.  He is a former president of the Central Florida Association of Criminal Defense Lawyers, a former director of the Florida Association of Criminal Defense Lawyers, and a fellow member of the National Association of Criminal Defense Lawyers and the National Trial Lawyers Top 100.  We will also discuss updates in the case of Daniel Chong (who was incarcerated and forgotten about by DEA agents, and left for over 4 days without food or water), the Milwaukee Stabbing case, and other criminal matters.  http://www.blogtalkradio.com/wallachlaw/2014/07/10/george-zimmerman-verdict-one-year-later-with-don-west
  • Wallach On Law: Gerry Goldstein & Robert Pickett -- Gerry Goldstein is among the most respected criminal defense attorneys in the USA and has represented clients in many high-profile cases.  In 1974, he defended a San Antonio theater operator charged with showing the film “Deep Throat”, a conviction he had reversed in Dexter v. Butler.  He has helmed the Texas Criminal Defense Lawyers Association and the NACDL. He is an outspoken critic of mandatory sentencing laws, officers who beat inmates or suspects, and what he calls the “warehousing of young African American males.”  He fought for the exoneration of Michael Morton, who steadfastly proclaimed his innocence and was finally exonerated in 2011, leading to the disbarment, conviction, and imprisonment of Ken Anderson, who had prosecuted that case over 25 years before and since become a judge.  And Robert Pickett has a different take on "independence."  He was leaving a friend's house when officers received a burglary call describing two black men in Inglewood, and in responding, collided with, and killed, a girl crossing the street.  When an officer arrived at the scene, he shot Mr. Pickett 9 times (his colleague, Darryl Lewis, was shot six times).  The witnesses did not ID Mr. Pickett or Mr. Lewis.  Still, they were charged, and held in Men's Central Jail for 32 months while consistently proclaiming their innocence. A jury quickly acquitted them at trial.  This year, Mr. Pickett will celebrate his independence with those he loves. http://www.blogtalkradio.com/wallachlaw/2014/07/03/wallach-on-law-gerry-goldstein-robert-pickett
  • Wallach On Law Featuring Bronson James and Darryl Lewis.  We discuss the Supreme Court decision in Riley v. California, and welcome Bronson James, the attorney who co-authored the brief submitted in Riley v. California on behalf of the National Association of Criminal Defense Lawyers.  Prior to becoming a lawyer, Mr. James worked as a Data and Technology Privacy Engineer, and continues to consult on issues of data security and privacy.  And continuing our coverage of the crisis at Men's Central Jail in Los Angeles -- whose conditions the Department of Justice has recently called "deplorable" -- we welcome Darryl Lewis and Robert Pickett, who were incarcerated at Men's Central Jail for 32 months prior to being acquitted at trial.  The story of their arrest is as unfathomable as the conditions of their confinement.  http://www.blogtalkradio.com/wallachlaw/2014/06/26/wallach-on-law-featuring--darryl-lewis-and-robert-pickett

Thursday, May 8, 2014.  Press covers Ian Wallach's retention in Red Arrow Park shooting of Dontre Hamilton.  Dontre Hamilton was sleeping in a public public park in front of City Hall in Milwaukee, Wisconsin.  Starbucks' employees called the police, who interviewed Mr. Hamilton, determined that he was not a threat and had a lawful right to be present, and left.  Minutes later, a foot patrol officer came to the park, awoke Mr. Hamilton, and a conflict ensued.  The officer, who has a history of engaging in conflict with people at the public park engaging in conduct the officer finds disturbing, removed his baton.  Mr. Hamilton took the baton.  From the viewpoint of the Starbuck's employee, Mr. Hamilton used the officer's baton to protect himself.  The officer fired approximately 10 shots into Mr. Hamilton, killing him. Press coverage related to Ian Wallach's representation of Mr. Hamilton's family is available here: http://fox6now.com/2014/05/08/california-attorney-takes-interest-in-dontre-hamiltons-death-flies-to-milwaukee.

Wednesday, May 7, 2014 -- Ian Wallach retained as civil rights lawyer to family of Dontre Hamilton, victim killed in Milwaukee's Red Arrow Park shooting.  For more information, see http://www.cbs58.com/news/local-news/Family-of-man-shot-dead-by-police-hires-lawyer-258398111.htmlThursday, March 20, 2014 -- Ian Wallach Quoted in Christian Science Monitor article on California A.G.'s Report On Cyber-Crime

Ian Wallach comments on California Attorney General's proposed changes to money laundering penalties in report on Cyber-Crime.  To read the full article, click here.

Monday, March 17, 2014  -- Los Angeles, CA.  Acquittal in 2-Strike Trial.  Our client was accused of attempting to break into a building, of threatening the tenants, and of dissuading them from calling the police.  The client was charged with violations of Penal Code Sections 136.1 and 422, both of which are strikes, and a misdemeanor charge of breaking a window.  The client was acquitted on March 17, 2014 on all felony and strike charges, and received a sentence of time served for breaking the window.

Friday, December 27, 2013, Attempted Armed Robbery Case Dismissed On Day Of Trial .  Compton Courthouse. Ian Wallach's client faced 21 years of potential incarceration. Certain exculpatory evidence (including a recorded statement from the victim identifying the armed assailant in clothes worn by someone else that was arrested with the client but not charged) was produced extremely late (three court days prior to trial). The client's version of events was consistent with the late-produced exculpatory evidence. Moreover, the victim was not apparently cooperating with the prosecution. Rather than trail the matter for three days to search for the victim, the District Attorney's office admirably chose to dismiss the case, and the client – who had been incarcerated for almost five months – went home.

Thursday, December 19, 2013, Felon-With-Firearm Case Dismissed On Day Of Trial.   Compton Courthouse. Ian Wallach's client was charged with Felon In Possession Of A Firearm. The evidence included an alleged statement leading to the discovery of a weapon during the Officer's execution of lawful search warrant. A suppression motion took place. The Detective from Hawthorne admirably acknowledged that the alleged statement was made while the client was in handcuffs, and that the client had not been mirandized. Accordingly, the statement was suppressed (but the gun was not, pursuant to United States v. Patane, 542 U.S. 630 (2004), a troubling decision that allows physical “fruits of the poisonous tree” to come into evidence, limiting Miranda to statements).  The Deputy District Attorney acted with complete integrity, and rather than pursue the case without the statement (which would have made a conviction uncertain), they chose to dismiss the case on the day of trial.

Ian Wallach mentioned in article in  California Lawyer Magazine discussing  a privacy rights case and TMZ.  Read article.

November 18, 2013 -- Suppression Motion Granted -- Case Dismissed.  Mr. Wallach's motion to suppress evidence was granted today in the LAX courthouse. Mr. Wallach's client was charged with possession of a concealed weapon (Pen. Code Section 21310). Settlement discussions had not proved fruitful and the matter was proceeding to trial. The client testified during this suppression motion (which is unusual) and the Court found that the client's testimony was as credible as that of the officers, and therefore the Prosecution had not met its burden of proof. The matter was dismissed. (And a nice touch was when the Court ordered the Police Department to return the knife at issue. It's good to see things through to the finish).

Oct. 10, 2013, Van Nuys Courthouse. Prosecution Folds During Ian Wallach's Cross-Examination Of Complaining Witness.  In a case where Mr. Wallach's client was charged with Domestic Violence (PC Section 273.5) and Violating a Court Order (PC Section 166), the Complaining Witness alleged that she was beaten.  During Cross-Examination, Mr. Wallach elicited numerous inconsistencies between her testimony and her prior statements, a strong motive for being untruthful, and her proclivity for violence.  The Judge stopped the cross-examination after 90 minutes and urged the Prosecution to abandon the charges and offer a "Disturbing the Peace" misdemeanor, and the prosecutor did so.  The protective order extinguished, the client returned to his home without punishment, and the Court didn't even incarcerate the client for violating the terms of his existing probation.

July 19, 2013, Feldman & Wallach along with the law firm of Arias, Ozzello and Gignac, LLP filed a class action lawsuit against various agencies and employees of the State of California as a response to the epidemic of Valley Fever in state prisons. In their class action lawsuit, the plaintiffs sued on behalf of three subclasses of former and current inmates who contracted valley fever, including African Americans, people aged 55 and older, and people who have a compromised immune system. To be eligible to join the class action lawsuit, class members must have been incarcerated at ASP or PVSP after July 8, 2009.  The class action lawsuit plaintiffs claim that, since at least 2006, the defendants have been aware that inmates in the above subclasses were more susceptible to valley fever. Despite knowing about the risks, the defendants have failed to take steps to protect inmates from the disease. As a result, approximately 40 inmates have died from valley fever complications in the last seven years.

August 19, 2013.  Case -- with officer's recommended filing of felony assault on an officer -- settled for an infraction day 2 of trial.  Client was originally charged with one felony count of assault on an officer. Following the preliminary hearing, the Court granted F&W's motion to reduce the matter to a misdemeanor. A suppression motion by F&W was subsequently granted, removing most of the evidence against F&W's client. On the day the jury was to be sworn, the District Attorney's office agreed to settle for an infraction, leaving the client without a criminal conviction on his record.

April 29, 2013, Ian Wallach quoted in Christian Science Monitor on the legal aspects of the Michael Jackson trial. http://www.csmonitor.com/USA/Justice/2013/0429/Michael-Jackson-wrongful-death-trial-opens-Were-tour-organizers-to-blame/(page)/2

April 18, 2013, Ian Wallach interviewed on CCTV about on the FBI's targeted release of information in relation to the Boston Bombings and the impact of the media on potential legal actions and the current investigation.  http://english.cntv.cn/program/bizasiaamerica/20130419/101899.shtml

Jan. 2, 2013 .  Ian Wallach quoted in E-Online article in response to celebrity's request for stronger anti-papparazi law:    Read the full article at http://www.eonline.com/news/375148/justin-bieber-paparazzo-death-why-nothing-will-change-no-matter-what-miley-cyrus-wants

Feb. 13, 2012. Case Reduced To Misdemeanor at Preliminary Hearing:  San Fernando Court. Client was charged with one count of Felony PC Section 69 (Force and Threat against an officer). Officers claimed that client verbally assaulted them and that client threw a bottle at them. Officer originally wanted a filing of assaulting an officer (with a four year mandatory state prison sentence). Mr. Wallach successfully argued that – even if the allegations were proven true – it was misdemeanor, rather than felonious, conduct. The matter will now proceed toward a misdemeanor trial.

Mar. 27, 2013, Ian Wallach quoted in Christian Science Monitor on issues of extradition related to the retrial of Amanda Knox. Here is a link to the article in full: http://www.csmonitor.com/USA/Justice/2013/0327/Amanda-Knox-retrial-a-tale-of-two-countries-legal-systems-video?nav=87-frontpage-entryNineItem

Feb. 4, 2013, United States District Court for the Eastern District of California Holds That There Are No Pre-Filing Administrative Law Requirements For Tort Claims Brought Against Private Government Subcontractors.  In two valley fever actions pending in the EDCA, defendants the GEO Group, Inc. and Management & Training Corporation -- who purportedly subcontracted to operate a federal detention facility -- moved to dismiss the plaintiffs' claims asserting that the plaintiffs had not properly exhausted administrative remedies prior to bringing suit (an argument frequently asserted by the USA and other sovereigns). The Court disagreed, holding that such private entities could not implement their own pre-suit filing requirements.  To read the order, click here.

Inmate Valley Fever Case against private operators allowed to proceed.  In a case where an inmate was negligently exposed to the terminal form of Valley Fever, we successfully opposed a motion to dismiss by multi-national corporations that ran the prison. Moreover, the Court held that there are no pre-suit administrative law filing requirements that must be completed prior to suing any private entity -- including a prison operator. The link to the Sacramento Bee Article is here: http://www.sacbee.com/2013/02/22/5210539/district-court-says-inmates-claim.html 

Wallach Represents Cheerleader Forced To Fight By Cheerleading Coach. My client was forced to resolve a dispute with another cheerleader -- by fist-fighting. The story was covered by international news media, including KTLA Los Angeles. Feb. 20, 2013. Read full article at: http://ktla.com/2013/02/20/high-school-coach-accused-of-forcing-cheerleaders-to-fight/#axzz2LMoBRhDg

Ian Wallach quoted in E-Online article in response to celebrity's request for stronger anti-papparazi law. Jan. 2, 2013.   Read full article at:http://www.eonline.com/news/375148/justin-bieber-paparazzo-death-why-nothing-will-change-no-matter-what-miley-cyrus-wants

Ian Wallach Interviewed On E-Online Amount Criminal Ramifications From Alleged False Reporting Of Theft By A Celebrity. Oct. 12, 2012.  Read the full article at:http://www.eonline.com/news/353617/why-justin-bieber-wouldn-t-get-arrested-for-a-prank

Oct. 11, 2012. CASE DISMISSED DAY OF TRIAL. Compton.  After refusing to take any offer from the Office of the District Attorney, and our office being prepared to commence trial and Mr. Wallach's client unwilling to prolong it any longer, the prosecutor announced unable to proceed" in a case where Mr. Wallach's client was charged with felony vehicular burglary. Ian Wallach moved to dismiss the case and the Judge granted that request.

Sep. 24, 2012.  Client Accused Of Extorting Stevie Wonder Given Immediate Release And Misdemeanor Plea.  On the first day of trial the prosecutor announced they would be seeking a four-year sentence – the maximum allowable under the law. Three days later, after the jury was sworn, Mr. Wallach negotiated a lesser-charge where the client was promptly released and upon completion of probation, the charge will be reduced to a misdemeanor and expunged from his record. The story was covered by international news organizations, including the Associated Press, and quoted Ian Wallach.  One article is here:    

http://bigstory.ap.org/article/2-plead-no-contest-extorting-stevie-wonder

Sep. 24, 2012.  Ian Wallach quoted in Merced News story about the Tax Costs associated with Valley Fever. The article is available at: http://www.mercedsunstar.com/2012/09/24/2554184/taypayers-spend-millions-on-valley.html

Jan. 12, 2012, Jury Trial Win, . Jury returns a verdict of "Not Guilty" on all counts in case where Mr. Wallach's client was charged with Battery and Theft.

The Daily Journal interviewed Jason Feldman and Ian Wallach, as well as clients and colleagues, and published an article discussing the success of the firm and the firm's philosophy and approach of humanizing the legal process.  Read the article here.

The Daily Journal published a cover story about a case, Panah v. the United States of America, in which Jason K. Feldman and Ian Wallach are representing the defendant. The story describes the efforts of Feldman & Wallach to provide their client – an individual who, while in custody, independently earned both a Master's Degree and a Ph.D., only to also acquire a fatal illness. The complaint alleges that the Bureau of Prisons knew of the likelihood of the illness yet failed to warn inmates of available preventative measures or provide adequate safeguards. Please contact the Daily Journal or the Law Office of Ian Wallach for the complete article

Sep. 6, 2011.  Jury Trial Win. Jury returns hung in DUI matter, Mistrial Declared; Prosecution's Request to Refile Denied, Case Dismissed.

Contact Us Today

The Law Office of Ian Wallach, PC is committed to answering your questions about Criminal Defense and Civil Rights law issues in California. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu