Accomplishments

During the past year the Office of the San Diego District Attorney has won some very significant trials, which reflect the level of professionalism of our employee and our commitment to public safety. Below you will find a short synopsis of a few of our most complex cases and the outcomes. We are very proud of what we've been able to do and we believe these prosecutions have made a difference in the lives of those in the San Diego community.

Conviction Rate:

The District Attorney's Office is very proud of the fact that it has a 93.8 percent conviction rate - one of the highest in the State of California. This figure is based upon the total number of felony cases filed and the outcome of those cases; that is, whether these cases were resolved by way of conviction (guilty plea or guilty verdict), not guilty verdict, or dismissal. Office-wide statistics for the year 2006 show that there were 16,732 felony cases with a disposition, 15,698 convictions, 29 verdicts of not guilty, and 1,005 dismissals. Drug related offenses make up 40 percent of all felony prosecutions. Nine percent of felony cases deal with theft and 13 percent are burglary cases. Assault cases comprise 9 percent of all felonies prosecuted while vehicle thefts constitute seven percent of felonies prosecuted.

ECONOMIC CRIMES DIVISION:

People v. Malcolm - This case involved a well-known San Diego business leader and high-profile public servant. Former San Diego Port Commissioner David Malcolm had been under investigation for a potential conflict of interest stemming from a consulting contract he had with a corporation doing business with the Port of San Diego. Although Malcolm adamantly denied any impropriety, the Economic Crimes Division diligently examined thousands of documents to prove otherwise. The former Commissioner was eventually charged and pled guilty to one felony count of Penal Code section 1090, stemming from his illegal business dealings. After three years on felony probation, the court expunged the conviction in 2006.

People v. ARCO/BP - One of this office's top priorities is protecting the environment. Perhaps the best example of DA Dumanis' commitment to San Diego is exemplified in the case against Atlantic Richfield Company (ARCO) and BP West Coast Products LLC (British Petroleum). These companies were forced to pay $3 million in penalties and costs and spend another $1 million for supplemental environmental projects to settle an environmental enforcement lawsuit alleging violations at San Diego gasoline service stations. Due to a multitude of violations discovered during routine inspections at numerous service stations, the San Diego County Dept. of Environmental Health asked County Counsel, the Office of the District Attorney and the City Attorney's Office to provide assistance. The size and complexity of this case, the seriousness of the charges and the defense resources available to BP/ARCO suggested from the beginning that a strong prosecution team would be needed. The alleged violations included failure to properly maintain and operate underground storage tank systems. A major component of the defendants' violations dealt with failing to keep leak-detection sensors in place and operational. This case serves as a strong reminder that if corporations plan on doing business in San Diego, they must comply with environmental laws.

People v. Albertson's Grocery Stores -The civil case was a consumer protection action against Albertson's stores throughout California for scanner overcharges. The judgment entered by the court against the grocery required the payment of penalties, costs and improvements totaling $1,850,000. The order also imposed an injunction on the company requiring it to implement procedures to prevent overcharges in the future, and to institute a "give away" program in all of its California stores. The judgment not only protects San Diego consumers in the future, it generated over $850,000 to the County of San Diego, including $90,000 to the San Diego District Attorney's Office.

GANGS DIVISION:

In one of the most extraordinary prosecutorial examples, the Gangs Division was able to obtain a 52-count indictment against 35 people including members of the Mexican Mafia. Following a lengthy investigation, spearheaded by Gangs Division prosecutor Mark Amador, the Violent Crimes Gang Task Force, the Major Mexican Drug Traffickers Task Force, FBI, several local Police Departments and the Sheriff's Department uncovered a network of criminal activity. The alleged ranged from conspiracy to murder of a local police officer, conspiracy to distribute methamphetamine, possession of assault weapons, residential robbery and kidnapping. The Grand Jury handed down the indictments after hearing from 70 witnesses, many of whom had been threatened by or were victims of the gang. All the crimes were committed for gang purposes to benefit the Mexican Mafia by 24 selling drugs and intimidating citizens. This investigation also led to the arrest of the highest-ranking member of the Mexican Mafia, Jose Alberto Marquez, in San Diego.

GANG INJUNCTIONS:

The Gangs Division has been the lead agency in combating gang members on their own turf. There is a special section that handles gang injunctions/civil abatements. This unit files civil lawsuits aimed at gangs and their members to stop gang activity in a specific geographic area. This office also monitors gangsters placed under injunctions in an effort to minimize future gang activity. These injunctions have been very successful in reducing gang violence in some areas of the county. During the past year, it has been able to put in place two more significant gang injunctions in North County, where gang activity has been a major problem for the community. There are currently 10 gang injunctions throughout the county, two of which were put into place this past year.

INSURANCE FRAUD DIVISION:

In 2003, the Insurance Fraud Division charged 36 individuals with premium fraud and/or tax evasion. The estimated loss was $3,386,000. Another eight individuals entered into civil judgments paying unpaid premiums. Companies convicted of premium fraud in 2003 include:

ROVING ENFORCEMENT TEAMS

In October 2003, San Diego County was in a state of emergency caused by wildfires. Hundreds of San Diego residents lost their homes. Some lost loved ones. While the wild fires were still burning, the IFD worked with the California Department of Insurance and nine other agencies to form a Statewide Disaster Fraud Management Task Force. The task force has two primary functions:

1) Public outreach directed toward educating fire victims about fraud schemes.

2) Pro-active Roving Enforcement Patrols to prosecute unlicensed contractors and public adjusters.

The IFD attended community meetings and staffed booths at community assistance centers to aid fire victims. In October and December of 2003, Roving Enforcement Teams went into the community conducting undercover operations in neighborhoods where homes were destroyed. As a result, a father and son team was arrested, charged and pled guilty to contracting without a license in a disaster zone. Undercover operations are ongoing.

SUPERIOR COURT:

People v. Erskine - For 10 years the brutal murders of Jonathan Sellers and Charlie Keever remained unsolved. It was a case that haunted San Diego. Two young boys, ages 9 and 13, went out for a ride on their bikes and met up with known sexual predator, Scott Erskine. The two bodies were found the next day. They had been sexually assaulted and tortured. It wasn't until 2003 that a DNA hit placed Erskine at that scene. DDA Valerie Summers took the case to court. The defense, faced with such overwhelming evidence, never even denied their client killed the children, and focused instead on trying to save their client from death. In the end, the jury convicted Erskine on all counts. Although the same jury hung 1-1 for death in the penalty phase, a new jury, impaneled for the re-trial of the penalty phase, returned a verdict of death.

COMMUNITY OUTREACH:

LAW ENFORCEMENT QUARTERLY
The District Attorney's Office publishes a training manual/magazine specifically for the local law enforcement community. The magazine provides police officers and law enforcement executives with assistance in understanding the rapidly changing aspects of the law. Contributing editors cover such topics as Civil Liability and Points of Law. The office also profiles one of the newest members in the law enforcement community along with a cover story about new crime-fighting trends or the latest in investigative tactics.

ELDER ABUSE BUSINESS/COMMUNITY TRAINING
The office provides expert training to local financial institutions, clergy and first responders about elder abuse. Working in conjunction with the Communications and Community Relations Division, the Elder Abuse Unit has produced training videos on this subject. DDA Paul Greenwood holds numerous seminars with local banks and credit unions to help educate these business leaders on how to protect the senior citizens from scams. As the office improves the prosecutorial strategies in these difficult cases, it is training first responders to detect the red flags of neglect and physical abuse, which many times lead to death. In addition, now that ministers are mandated reporters of abuse, the office has produced a training video specifically to help them understand how they can protect seniors in their congregation. If your agency would like to obtain a VHS copy of these training tapes, please call our Elder Abuse Unit at 619-531-3245.

TOWN HALL MEETINGS
DA Dumanis believes that accessibility to her and this office is of paramount importance. After a couple of controversial police officer-involved shootings, DA Dumanis made a point of having her office coordinate town hall meetings in the communities affected by the shootings. She attended two such events in the community of Ocean Beach, one in the city of Oceanside and two meetings in the southeast area of San Diego County. One of DA Dumanis's top priorities is to remain accessible to the public.