PROVO — Tyler Robinson, the southern Utah man accused of shooting and killing Charlie Kirk, made his first public appearance in court on Thursday.

Robinson, who is charged with aggravated murder, a capital offense — and faces a potential death sentence if convicted — appeared in 4th District Judge Tony Graf’s courtroom. But the hearing had less to do with the actual crime Robinson is accused of and focused more on public access to all his future court proceedings.

Robinson, 22, of Washington, Washington County, is accused of shooting and killing Charlie Kirk on Sept. 10 while Kirk was at Utah Valley University. Kirk, 31 — a conservative activist and co-founder of Turning Point USA — was sitting under a tent of an outdoor amphitheater-courtyard area at UVU, speaking in front of approximately 3,000 people, when he was shot in the neck by a gunman on the roof of the nearby Losee Center building.

On Thursday, Robinson entered the courtroom wearing a light blue dress shirt, slacks and a tie, and his hands and feet were shackled. He sat at a table next to his defense attorneys and appeared to be taking notes in a notebook during the hearing. Robinson’s father, mother and brother also attended the hearing and sat in the front row of the audience area.

Although no representatives from Kirk’s family were in attendance, Graf did agree to a request by the state on Thursday designating Kirk’s widow, Erika Kirk, as the official victim representative for all future hearings.

Security for the hearing was tight, with nine Utah County sheriff’s deputies inside the courtroom, including five wearing camo with “SWAT” written on their backs, and additional deputies and at least one police K-9 outside the courtroom. Utah County sheriff’s deputies blocked off streets surrounding the 4th District Courthouse, limiting access to vehicles.

Three issues were discussed during Thursday’s hearing:

1. Whether audio and transcripts of a closed-door hearing on Oct. 24 should be released to the public.
2. A motion to amend the publicity, or “gag order,” issued for the case.
3. Motions by attorneys representing the media to be recognized as limited party status interveners so they will automatically be notified of proposals to close court hearings from the public classify any documents as private.

The first issue took the longest to debate and was done in a closed setting so alleged sensitive information, such as court security, could be discussed. For two hours, members of the public, including the media, waited outside the courtroom while attorneys discussed the motion to release the audio and transcript of the October closed door hearing.

David Reymann, an attorney representing KSL and other media organizations, speaks during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

David Reymann, an attorney representing one group of media interveners — including KSL — debated with prosecutors and defense attorneys about which parts of the sealed information should be released to the public and what should remain redacted. Graf says he will announce his ruling on that issue on Dec. 29.

As for the issue of granting the media interveners limited party status, Reymann argued in court that attorneys for the media are there only to advocate for openness of the legal proceedings as they have argued in several previous criminal cases.

“If they file a motion that wants to classify something as nonpublic … we have the right to be heard on these issues,” he said Thursday.

For example, the defense noted Thursday that they anticipate filing a motion soon requesting that no cameras be allowed in the courtroom — something Reymann says he will oppose.

Staci Visser, an attorney with Robinson’s defense team, countered Reymann’s arguments by saying the defense is worried about leaks to the media and that if the interveners are given limited party status, the judge should make it “very crystal clear” what they are allowed and not allowed to do.

Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo, Thursday. (Photo: Rick Egan)

“This isn’t about semantics; it’s about substance,” she said. “We don’t want the chaos that is out in the media in this courtroom.”

The judge said he would also issue his ruling on the media intervenors on Dec. 29.

Graf allowed Thursday’s hearing to be livestreamed by the media but under tight restrictions, one of which was that Robinson’s shackles could not be photographed or shown on video and that he could only be filmed or photographed while he was sitting. But early during Thursday’s hearing, the livestream video inadvertently showed Robinson’s handcuffs from a wide angle shot. Robinson’s defense team asked Graf to suspend all video recording for the day. Graf issued a stern warning but allowed the livestreaming of the hearing to continue after the camera was moved to the opposite side of the courtroom

Robinson’s defense team contends that the high publicity surrounding the case could potentially prejudice potential jurors and has argued for restrictions on media coverage. The media are also prohibited from recording or photographing Robinson’s family inside the courtroom.

In their motion opposing any efforts to close or restrict Robinson’s hearings, attorneys for a team of media organizations argue: “This is not the first high-profile criminal trial in Utah, nor will it be the last. Time and again, our courts have managed the delicate constitutional balance between the defendant’s right to a fair trial and the public’s right to observe the proceedings of the judicial process without sacrificing either. This case is no different.”

Andrew Adams, KSL-TV

The media expects this defense team to seek to close future court proceedings and associated records, “based solely on generalized assertions that pretrial publicity will make it impossible for the defendant to receive a fair trial. These kinds of blanket claims are not new. They arise in nearly every high-profile criminal prosecution, often at alarmingly early stages of the case, seeking to support broad prophylactic sealing orders with speculative predictions about what the jury pool might see in the news and how that might make it impossible to do, months or years from now, what courts do every day—seat a fair and impartial jury.”

First Amendment attorneys have argued that there has been no case in Utah where it was found that a defendant did not receive a fair trial because of pretrial publicity, even though there have been many high-profile criminal cases in Utah.

As for the third motion, Graf modified his original pretrial publicity order on Thursday that attorneys for both the state and defense, as well as their investigators and anyone who has a high likelihood of being called to the witness stand to testify, cannot intentionally or knowingly make statements publicly that could theoretically prejudice a potential jury, and it’s the duty of attorneys to notify those witnesses of the court order.

Defense attorney Richard Novak, top, speaks with Utah County attorney’s Office general counsel Christopher Ballard, right, during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

The next hearing to discuss additional motions is set for Jan. 16. During that hearing, the judge will consider a motion filed Wednesday under seal by Robinson’s defense team to have the Utah County attorney‘s Office disqualified from prosecuting the case. A second hearing was set for Feb. 3. During that hearing, the defense’s yet-to-be-filed motion to keep cameras out of the courtroom is expected to be debated.

Also on Thursday, prosecutors updated the court on evidence that has been collected and shared with the defense. Nearly 14,000 files from law enforcement have now been collected by the state with nearly 8,000 files shared so far with the defense.

Prosecutors also on Thursday asked the judge to set dates for a preliminary hearing. Despite objections from Robinson’s attorneys who argued that not only should other motions be settled first — including their motion to have prosecutors disqualified — and because they don’t believe they will have enough time to sort through the mountain of evidence that’s expected, Graf agreed to set a three-day preliminary hearing for May 18, 19 and 21.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.

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The post Attorneys argue public access to murder suspect Tyler Robinson’s court hearings appeared first on Attorney Legal Counsel.

PROVO — Tyler Robinson, the southern Utah man accused of shooting and killing Charlie Kirk, made his first public appearance in court on Thursday.

Robinson, who is charged with aggravated murder, a capital offense — and faces a potential death sentence if convicted — appeared in 4th District Judge Tony Graf’s courtroom. But the hearing had less to do with the actual crime Robinson is accused of and focused more on public access to all his future court proceedings.

Robinson, 22, of Washington, Washington County, is accused of shooting and killing Charlie Kirk on Sept. 10 while Kirk was at Utah Valley University. Kirk, 31 — a conservative activist and co-founder of Turning Point USA — was sitting under a tent of an outdoor amphitheater-courtyard area at UVU, speaking in front of approximately 3,000 people, when he was shot in the neck by a gunman on the roof of the nearby Losee Center building.

On Thursday, Robinson entered the courtroom wearing a light blue dress shirt, slacks and a tie, and his hands and feet were shackled. He sat at a table next to his defense attorneys and appeared to be taking notes in a notebook during the hearing. Robinson’s father, mother and brother also attended the hearing and sat in the front row of the audience area.

Although no representatives from Kirk’s family were in attendance, Graf did agree to a request by the state on Thursday designating Kirk’s widow, Erika Kirk, as the official victim representative for all future hearings.

Security for the hearing was tight, with nine Utah County sheriff’s deputies inside the courtroom, including five wearing camo with “SWAT” written on their backs, and additional deputies and at least one police K-9 outside the courtroom. Utah County sheriff’s deputies blocked off streets surrounding the 4th District Courthouse, limiting access to vehicles.

Three issues were discussed during Thursday’s hearing:

1. Whether audio and transcripts of a closed-door hearing on Oct. 24 should be released to the public.
2. A motion to amend the publicity, or “gag order,” issued for the case.
3. Motions by attorneys representing the media to be recognized as limited party status interveners so they will automatically be notified of proposals to close court hearings from the public classify any documents as private.

The first issue took the longest to debate and was done in a closed setting so alleged sensitive information, such as court security, could be discussed. For two hours, members of the public, including the media, waited outside the courtroom while attorneys discussed the motion to release the audio and transcript of the October closed door hearing.

David Reymann, an attorney representing KSL and other media organizations, speaks during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

David Reymann, an attorney representing one group of media interveners — including KSL — debated with prosecutors and defense attorneys about which parts of the sealed information should be released to the public and what should remain redacted. Graf says he will announce his ruling on that issue on Dec. 29.

As for the issue of granting the media interveners limited party status, Reymann argued in court that attorneys for the media are there only to advocate for openness of the legal proceedings as they have argued in several previous criminal cases.

“If they file a motion that wants to classify something as nonpublic … we have the right to be heard on these issues,” he said Thursday.

For example, the defense noted Thursday that they anticipate filing a motion soon requesting that no cameras be allowed in the courtroom — something Reymann says he will oppose.

Staci Visser, an attorney with Robinson’s defense team, countered Reymann’s arguments by saying the defense is worried about leaks to the media and that if the interveners are given limited party status, the judge should make it “very crystal clear” what they are allowed and not allowed to do.

Tyler Robinson, accused in the fatal shooting of Charlie Kirk, appears during a hearing in 4th District Court in Provo, Thursday. (Photo: Rick Egan)

“This isn’t about semantics; it’s about substance,” she said. “We don’t want the chaos that is out in the media in this courtroom.”

The judge said he would also issue his ruling on the media intervenors on Dec. 29.

Graf allowed Thursday’s hearing to be livestreamed by the media but under tight restrictions, one of which was that Robinson’s shackles could not be photographed or shown on video and that he could only be filmed or photographed while he was sitting. But early during Thursday’s hearing, the livestream video inadvertently showed Robinson’s handcuffs from a wide angle shot. Robinson’s defense team asked Graf to suspend all video recording for the day. Graf issued a stern warning but allowed the livestreaming of the hearing to continue after the camera was moved to the opposite side of the courtroom

Robinson’s defense team contends that the high publicity surrounding the case could potentially prejudice potential jurors and has argued for restrictions on media coverage. The media are also prohibited from recording or photographing Robinson’s family inside the courtroom.

In their motion opposing any efforts to close or restrict Robinson’s hearings, attorneys for a team of media organizations argue: “This is not the first high-profile criminal trial in Utah, nor will it be the last. Time and again, our courts have managed the delicate constitutional balance between the defendant’s right to a fair trial and the public’s right to observe the proceedings of the judicial process without sacrificing either. This case is no different.”

Andrew Adams, KSL-TV

The media expects this defense team to seek to close future court proceedings and associated records, “based solely on generalized assertions that pretrial publicity will make it impossible for the defendant to receive a fair trial. These kinds of blanket claims are not new. They arise in nearly every high-profile criminal prosecution, often at alarmingly early stages of the case, seeking to support broad prophylactic sealing orders with speculative predictions about what the jury pool might see in the news and how that might make it impossible to do, months or years from now, what courts do every day—seat a fair and impartial jury.”

First Amendment attorneys have argued that there has been no case in Utah where it was found that a defendant did not receive a fair trial because of pretrial publicity, even though there have been many high-profile criminal cases in Utah.

As for the third motion, Graf modified his original pretrial publicity order on Thursday that attorneys for both the state and defense, as well as their investigators and anyone who has a high likelihood of being called to the witness stand to testify, cannot intentionally or knowingly make statements publicly that could theoretically prejudice a potential jury, and it’s the duty of attorneys to notify those witnesses of the court order.

Defense attorney Richard Novak, top, speaks with Utah County attorney’s Office general counsel Christopher Ballard, right, during a hearing for Tyler Robinson in Provo’s 4th District Court on Thursday. Robinson is accused of fatally shooting Charlie Kirk. (Photo: Rick Egan)

The next hearing to discuss additional motions is set for Jan. 16. During that hearing, the judge will consider a motion filed Wednesday under seal by Robinson’s defense team to have the Utah County attorney‘s Office disqualified from prosecuting the case. A second hearing was set for Feb. 3. During that hearing, the defense’s yet-to-be-filed motion to keep cameras out of the courtroom is expected to be debated.

Also on Thursday, prosecutors updated the court on evidence that has been collected and shared with the defense. Nearly 14,000 files from law enforcement have now been collected by the state with nearly 8,000 files shared so far with the defense.

Prosecutors also on Thursday asked the judge to set dates for a preliminary hearing. Despite objections from Robinson’s attorneys who argued that not only should other motions be settled first — including their motion to have prosecutors disqualified — and because they don’t believe they will have enough time to sort through the mountain of evidence that’s expected, Graf agreed to set a three-day preliminary hearing for May 18, 19 and 21.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.

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The post Attorneys argue public access to murder suspect Tyler Robinson’s court hearings appeared first on Attorney Legal Counsel.

Minister of Finance Colm Imbert and the Cabinet believed that Auditor General Jaiwantie Ramdass was an ant they would have been able to kill with their political sledgehammer, according to her attorneys.

The politicians, however, failed to realise that Ramdass was a person who would continue to stand her ground and resist any attempt by Government to bully her, her lawyers stated yesterday.

The attorneys, from Freedom Law Chambers, led by former attorney general Anand Ramlogan, SC, said this in a joint statement after the Privy Council ruled against Imbert and the Cabinet earlier yesterday.

Five judges of the apex court unanimously found that Ramdass ought to be granted leave for judicial review to challenge the setting up of an investigative committee by Imbert and the Cabinet to conduct a probe into her office with regard to a $2.5 billion understatement in the country’s 2023 financial records.

Imbert and the Cabinet claimed the local Appeal Court got it wrong in allowing Ramdass permission to file the claim.

In the statement yesterday, Ramdass’ attorneys said her claim for judicial review was filed based on “political bias and unfair treatment due to the scathing political attacks against her by Minister of Finance Colm Imbert and attorney General Reginald Armour.”

They said with the Privy Council ruling, Ramdass has been vindicated in her pursuit of justice and her quest to protect the integrity and independence of her office.

“This claim stemmed from an alleged mistake on the part of the Ministry of Finance and the Central Bank which they claimed led to a $3.4 billion understatement of the Government’s revenue. That figure was subsequently revised with $780 million being suddenly dropped and the alleged increase in revenue being capped at 2.5 billion,” the attorneys stated.

They went on to add that the Ministry of Finance could not in fact substantiate the increased figure claimed.

It also could not explain the decrease from the initial $3.4 billion to the eventual $2.5 billion figure, they noted. The lawyers stated:

“The political investigation launched by the Government into the Auditor General in search of answers to serious financial questions that lay at the doorstep of the Minister of Finance is irresponsible and dangerous to the independence of her office.

“This was nothing more than a disingenuous attempt to shift blame for a massive negligent mistake that is yet to be properly explained.

“No one has been held responsible for this glaring failure to present proper national accounts to the Auditor General as required by law,” stated the attorneys.

Further, they said Ramdass is committed to upholding the constitutional values and principles that underpin the independence of her office, and she will remain true to her oath to act without fear or favour and to protect the public interest.

“Should the Government continue with this charade of an investigation, she will continue to stand her ground and fight for justice. It is time for good sense to prevail as there are far more urgent and pressing problems that must be addressed by the Government.

“Any attempt to hound her out of office will be met with a swift and potent legal response. This was a victory for the rule of law and the public. She was the mouse that roared, and the Government’s political sledgehammer failed to kill what they thought would be an ant,” the attorneys stated. —Rickie Ramdass

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SAN DIEGO — San Diego City attorney Mara Elliot announced her office will introduce new legislation in March that updates San Diego’s laws providing safe access to healthcare, religious services and school meetings, among other things. 

The legislation affects everyone, but is framed around women’s reproductive rights because March is Women’s History Month.

“They will protect anyone who wants to get vaccinated, seek gender-affirming care, or do whatever they believe is best for their own health,” Elliot said.

More than 20 years ago, the Supreme Court ruled to protect patients outside clinics from harassment by protesters. And last year, Sacramento passed a 100-foot quiet zone outside healthcare facilities. This legislation updates San Diego’s decades old laws, adding an 8-foot buffer zone between protestors and someone seeking access.

“There’s a balance of rights. There’s the right for somebody to protest, but there’s a right for someone to access healthcare, or go to church or go to a community meeting at a school. Even schools have become volatile places, and as a parent, you want to be able to walk in to the conference room and not be accosted by somebody who has different views than you,” Elliot said.

Elliott says this legislation is two years in the making and a priority now as her term approaches its end. 

“It also fits into our work with civility work to make sure that we are able to have peaceful discourse among different opinions, whether that’s outside of a healthcare clinic, church or your kids’ school,” she added.

Elliott will introduce the legislation in mid-March.

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SAN DIEGO (FOX 5/KUSI) — California’s 2024 primary election is almost here and it’s time to pick your favorite candidates.

The presidential primary election in California is happening March 5, with dozens of local, state and federal races and several measures on the ballot.

Voters will have until Election Day to cast their vote in person or by mail ballot. You can find a full list of election drop boxes in San Diego County here.

Voting centers will begin opening across the county starting Feb. 24; all vote centers will be open by March 2.

San Diego’s guide to elections during the Mar. 5 presidential primary

More information on voting in the March 5 presidential primary can be found on FOX 5/KUSI’s voting guide. For more election coverage, visit FOX 5/KUSI’s California 2024 Primary Election page.

Now to the candidates for City attorney.

San Diego City attorney

Heather Ferbert, Chief Deputy City attorney, and Brian Maienschein, a Legislator and Law Professor, are going head to head in the race for San Diego City attorney.

Heather Ferbert

Ferbert is currently the Chief Deputy City attorney for San Diego. She is a graduate of the University of San Diego School of Law.

She is active in the Lawyer’s Club of San Diego, the women’s bar association, is an adjunct professor at the San Diego School of Law and trains new lawyers, according to her campaign website.

Ferbert lives in San Diego with her husband and daughter.

Background:

As Chief Deputy City attorney, Ferbert’s campaign website states she “has defended women’s rights, opened emergency homeless shelters, protected our parks and waterways, and stopped million-dollar real estate fraud scams. Heather currently leads the City’s legal team that advises the City Council and ensures City officials follow the law.”  

Previously, Ferbert was an attorney for the Housing Commission and other public agencies.

Her campaign website goes on to state she has delivered on the following challenges:

• “Broke the gridlock to open emergency homeless shelters and new treatment centers”
• “Stopped multi-million real estate fraud scams and uncovered financial waste and mismanagement”
• “Stood up for abortion rights by strengthening San Diego’s pro-choice protections after the Supreme Court ruling”

On the issues:

Heather Ferbert states on her campaign website the issues she is prioritizing:

• “Upholding the Law & Moving San Diego Forward”
• “Fighting Fraud and Protecting Taxpayers”
• “Stopping Gun Violence”
• “Housing Protection Unit”
• “Addressing Homelessness and Public Health”
• “Protecting Vulnerable Populations”
• “Keeping San Diego Safe”
• “Protecting the Environment”

Endorsements:

Ferbert’s campaign website lists several endorsements, including the San Diego Union-Tribune Editorial Board, City attorney Mara Elliott, Deputy Chief Attorneys Association, Safer California, San Diegans for Gun Violence Prevention, PB Democratic Club, San Diego La Raza Lawyers Association, San Diego Municipal Employee Association, Filipino American Lawyers of San Diego, Earl B. Gilliam Bar Association, and Pan Asian Lawyers of San Diego.

Brian Maienschein

Maienschein teaches election law at the University of San Diego.

He graduated from University California, Santa Barbara, before returning to San Diego, where he earned his law degree from California Western Law School, according to his campaign website.

Background:

Maienschein has represented California’s 76th Assembly District since 2012. 

His campaign website states he served on the San Diego City Council for eight years. He was also the city’s first Commissioner on Homelessness.

Maienschein serves as Chair of the Rare Disease Caucus and sits on the Health, Judiciary, and Communications and Conveyance Committees. He was also named Chair of the Assembly Judiciary Committee for the 2023 legislative session. 

He stated in the city’s 2024 election statement of qualifications that he has “worked to start a new program for first-time home buyers in California, won tougher prison sentences for sex trafficking crimes against children, worked as a leader in taking the federal government to court to protect California’s clean air laws, and voted to protect marriage equality in our state constitution.”

Maienschein lives in San Diego with his wife and two daughters.

On the issues:

Maienschein states on his campaign website the issues he is prioritizing:

• “Maternal mental health”
• “Preventing gun violence”
• “Student debt resources”
• “Veterans resources”

Endorsements:

According to the city’s 2024 election statement of qualifications, Maienschein says he has endorsements from the Planned Parenthood Action Fund of the Pacific Southwest, San Diego City Firefighters, San Diego’s Deputy District Attorneys and San Diego Police Officers Association.

Voting is open from 7 am. to 8 p.m. on Tuesday, March 5 for California’s Presidential Primary Election.

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CHULA VISTA, Calif. (FOX 5/KUSI) — The runoff election to fill the Chula Vista City attorney seat that was left vacant after the unexpected death of the previously elected candidate is inching closer and voting is already underway.

The runoff comes after Chula Vista voters took to the ballot last November in a special election to fill the role initially won by the late Simon Silva, who died from cancer in 2022 after his name could be removed from the ballots.

Three candidates were vying for the role, however, none received more than the 50% majority that was needed to win outright, prompting the special election to move to a runoff between the top two vote getters: Bart Miesfeld and Marco Verdugo.

Miesfeld earned about 37.87% of the vote in the Nov. 7 special election, while Verdugo garnered about 38.96%. The third candidate, Dan Smith Diaz, came in last with 23.17% of the vote.

San Diego’s guide to elections during the Mar. 5 presidential primary

The contest will coincide with the state’s presidential primary election on Mar. 5. Whoever wins in will serve out the remainder of Silva’s term, running through December 2026.

Official ballots for the election, including the Chula Vista City attorney, were mailed to registered voters in the county ahead of early voting opening up at the Registrar of Voters office in Kearny Mesa on Feb. 5. Drop boxes for voters to send in a completed mail-in ballot are also available.

Starting Feb. 24, select voting centers will open up across the county to expand early voting options. The remainder of the vote centers will open up on Saturday, Mar. 2. More information about how to vote in the Mar. 5 presidential primary can be found at FOX 5/KUSI’s voting guide.

While some may already be filling in their ballots, for those Chula Vista voters who have not yet decided who they will be voting for, below is an introduction to the job of the city’s top lawyer and the two remaining candidates for the role.

What does the City attorney do?

The Chula Vista City attorney is the city’s highest ranking lawyer, leading an office that provides legal services and policy guidance to other elected officials. The primary goal of these services is to help the city develop and implement policy, according to the city’s website.

The office works with all the city’s boards and commissions. It also works with each of the Chula Vista municipal departments, including the city clerk’s office, public works, and police and fire departments.

Who are the candidates?

Here are the candidates, listed in alphabetical order:

Bart Miesfeld

Bart Miesfeld is a private practice lawyer, who previously served as an appointment to the position of city attorney from 2008 to 2010. Prior to his tenure as city attorney, he worked in varying roles at the office for nearly two decades.

attorney, pictured in this undated image. (Courtesy of Bart Miesfeld)” class=”wp-image-1508078″ width=”318″ height=”379″ srcset=”https://fox5sandiego.com/wp-content/uploads/sites/15/2023/10/197A2298-2-e1698437519916.jpg 3360w, https://fox5sandiego.com/wp-content/uploads/sites/15/2023/10/197A2298-2-e1698437519916.jpg?resize=318,379 318w” sizes=”(max-width: 899px) 100vw, 318px”/>Bart Miesfeld, a candidate for Chula Vista City attorney, pictured in this undated image. (Courtesy …

Background:

Miesfeld joined the City attorney’s Office in 1998 as a deputy city attorney. Over the two decades he served in the office, he rose through the ranks and was later appointed city attorney in 2008. However, he opted not to run for the position in 2010 after voters in the city decided to change the position to an elected one.

During his tenure with the city attorney’s office, he also worked closely with Silva, saying on his campaign website that he feels “a sense of obligation to continue his bright legacy of providing exceptional services to the city and community of Chula Vista.”

Outside of his work with the city attorney’s office, Miesfeld has taught trial practice, civil procedure and evidence courses as an adjunct Professor at the University of San Diego School of Law. He has also served in leadership positions with various local legal associations.

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On the issues:

In a candidate filing, Miesfeld said he would bring his experience working in the city attorney office to the position to “make Chula Vista safer and more prosperous” by holding city leaders accountable, supporting working families, advancing public safety and serving as an advocate for first responders.

In interviews with other local news organizations, he has also said he hopes to make the office more transparent and public records more accessible.

Endorsements:

According to his campaign website, Miesfeld has received a number of high profile endorsements including: the Chula Vista Police Officers Association; the Association of Chula Vista Employees; Senator Steve Padilla; Mayor John McCann; former Assemblymember Mary Salas; former Supervisor Greg Cox; former Chula Vista Mayor Cheryl Cox; and a slew of former city attorneys for Chula Vista.

Bart Miesfeld appeared on FOX 5 on Feb. 12:

Candidate forum held in Chula Vista ahead of March election

Marco Verdugo

Marco Verdugo is an attorney with the practice Burke, Williams and Sorensen, LLP, a law firm that advises the cities of Coronado and Solana Beach. The lifelong Chula Vista resident previously has worked as a deputy city attorney with the City of San Diego.

attorney, pictured in this undated image. (Courtesy of Marco Verdugo)” class=”wp-image-1508081″ width=”312″ height=”382″ srcset=”https://fox5sandiego.com/wp-content/uploads/sites/15/2023/10/2023_08_03_Amplify_Marco_Verdugo-156-FINAL-e1698437643553.jpg 3577w, https://fox5sandiego.com/wp-content/uploads/sites/15/2023/10/2023_08_03_Amplify_Marco_Verdugo-156-FINAL-e1698437643553.jpg?resize=312,382 312w” sizes=”(max-width: 899px) 100vw, 312px”/>Marco Verdugo, a candidate for Chula Vista City attorney, pictured in this undated image. (Courtesy of Marco Verdugo)

Background:

Born to Mexican immigrants, Verdugo lived most of his life in San Diego County, earning both his Bachelor’s and juris doctorate from San Diego universities. During his law school career, he spent some time as an intern for the Chula Vista City attorney’s Office.

After graduation, he worked as a public agency attorney, advising officials in San Diego, Coronado and Solana Beach. On his campaign website, he says he has worked closely with elected leaders in this cities for drafting and revising various ordinances to proactively meet the community’s needs.

Outside of his legal practice, Verdugo has provided pro bono legal assistance to low-income San Diegans and spent time volunteering at Casa Cornelia to help refugees and asylum seekers.

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On the issues:

In a candidate statement, Verdugo says he would use his legal experience to create a safe, livable and affordable Chula Vista.

He emphasizes that he will work towards gun safety laws for crime prevention, supporting community policing, cutting down on wasteful spending and red tape around affordable housing development, and helping Chula Vista “stop downtown San Diego’s homeless crisis from taking root here.”

He also says he would help craft new city laws that are “just and fair,” serving as an independent voice to ensure that city officials comply with the law.

Endorsements:

According to his campaign website, Verdugo has also garnered a number of key endorsements including: the San Diego County Democratic Party; the San Diego & Imperial Counties Labor Council; Congressman Juan Vargas; San Diego City attorney Mara Elliot; County Supervisor Nora Vargas; and current Chula Vista City Councilmembers Carolina Chavez, Alonso Gonzalez and Jose Preciado.

Lawyer Dan Smith Diaz, who lost in the Nov. 7 special election for city attorney, also endorsed Verdugo’s candidacy for the role.

Marco Verdugo appeared on FOX 5 on Feb. 12:

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SALT LAKE CITY — Douglas Lovell, an inmate on death row in Utah, is hoping to prove his trial attorneys were ineffective.

His new attorney has filed an appeal because his former attorneys failed to object to questioning about his church excommunication and then membership status.

Colleen Coebergh, who represents Lovell on the appeal, argued in favor of another trial for Lovell before the Utah Supreme Court on Friday. The court is now considering the case.

Lovell, 66, killed Joyce Yost in 1985, to prevent her from testifying after he had been charged with raping her, according to court documents. Authorities said he tried to hire two other people to kill Yost before deciding to carry out the murder himself. Her body was never found.

He admitted his guilt in 1993, but was allowed to withdraw that guilty plea in 2011, which led to the trial and, ultimately, to Lovell being sentenced to death a second time, in 2015.

Utah Supreme Court Justice John Pearce said a reasonable attorney would not have allowed evidence at trial pertaining to church leadership needing to approve re-admittance into the church after their client’s excommunication. He said the jury was being asked to see if Lovell had changed in the 30 years since the crime for which he was being tried, and prosecutors brought up the fact that church leadership would have to concur.

Coebergh said it means something to the jury when a defendant is not welcome in a church.

“The whole policy, policy discussion, doctrine — this court should rule absolutely inadmissible,” she said.

She said that evidence invited the jury to make a decision on something other than the law, as an appeal to a higher power than the court, and the Supreme Court judges cannot assume that comment did not have an effect on the jury. She said using a handbook from the church is “a corrupt practice” that cannot be tolerated in the courts.

“There is a separation of church and state for a reason,” she said, adding “that not only blurred the lines — the prosecutor catapulted himself over that line. And the (inference) of that notion is that it invited the jury to resort in their mind to a higher power than that court.”

Mark Field, assistant solicitor general, argued that Lovell’s trial attorneys may not have objected to the comments on his membership status because they had a witness the next day who would share religious testimony they wanted to ensure was allowed. The witness testified Lovell had been working on indexing for the church, which is transcribing documents for use in family history, and spoke about remorse and forgiveness.

Field said Lovell and his attorneys made the choice to not allow the jury an option of life in prison without the possibility of parole; instead, they were making a decision between the death penalty and life with the possibility of parole. He said this was what undermined his case, where evidence against Lovell was “virtually insurmountable” and the jury did not have an option to sentence him to life without parole.

Coebergh discussed multiple other reasons Lovell’s attorneys were not effective. She said they had a responsibility to show evidence supporting his eligibility to be released on parole.

She said the attorneys’ billing practices were unethical and said defendants have a right to have two attorneys on a case where the death penalty is a possibility, and those attorneys should both have skin in the game — and not be billing against each other.

Coebergh said the attorneys had a cap on what they could spend on their investigation and did not ask for more funds, did not perform individual interviews with witnesses and the junior attorney did not call witnesses as the senior attorney instructed and expected.

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Emily Ashcraft joined KSL.com as a reporter in 2021. She covers courts and legal affairs, as well as health, faith and religion news.

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TEHAMA COUNTY, Calif. – The Tehama District attorney’s Office is warning the public about a large amount of scams targeting the county.

The scamming involves the request for gift cards, the District attorney’s Office said. They said a pattern among many scams is the scammer asks the targeted victims for gift cards.

A scam should be suspected if someone is claiming to be a merchant of any and asks for gift cards in exchange for a bill, debt or other obligation being cleared up, the District attorney’s Office said.

“The best way to combat scams is to not be a victim in the first place, which means being vigilant and skeptical when confronted with any situation involving gift cards,” District attorney Matt Rogers said.

The District attorney’s Office encourages the public to be aware of anyone asking to exchange gift cards for a service, to clear debt, a credit issue or other obligation.

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SAN DIEGO — San Diego law enforcement is looking to shut down a massage parlor in Kearny Mesa that they say is a front for an illegal prostitution enterprise.

City attorney Mara Elliott announced the civil law enforcement action to close the Ocean Spa, located along Kearny Villa Road, on Tuesday, marking the end of a month-long investigation into the business in partnership with the San Diego Police Department’s Vice Unit.

“The owners of Ocean Spa have been masquerading as a legitimate business for far too long,” Elliott said in a statement. “Ocean Spa is a sex shop — not a massage parlor — and it has no place in our community or anywhere else.”

The investigation into Ocean Spa was initiated after numerous complaints were received by law enforcement. According to the city, this included “foot traffic at odd hours, people having intercourse in parked cars and sexual noises loud enough to disrupt nearby church services.”

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Over the last year, SDPD detectives spent more than 125 hours investigating the business for prostitution-related crimes, city officials said.

This included several instances where undercover police officers were offered sex by spa workers, leading to four arrests for prostitution. Although investigators say they are “not convinced” the women were voluntarily involved in the prostitution enterprise.

According to Elliott’s office, more than 1,270 advertisements soliciting sex have also been distributed online by the spa over the last five years.

In the civil law enforcement action, the city attorney is asking a judge to prohibit Ocean Spa from continuing to operate an “illegal red-light business” and impose $100,000 against it in civil penalties. Her office says they are also seeking reimbursement of attorney fees and other costs incurred from “enforcement-related activities.”

No additional details about the investigation or the efforts by law enforcement to shutter the business were immediately available.

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SAN DIEGO (FOX 5/KUSI) — In the wake of historic flooding, San Diego County passed an eviction moratorium, which does not allow landlords to evict their tenants for 60 days after the flooding.

This only applies to residents impacted by the floods. The San Diego County Boards of Supervisors passed the eviction ban 4 to 1.

“So the landlords are in a tough place, what are they going to do, my typical advice to a landlord is you’re either going to waive the rent, or you’re going to put them up somewhere,” said Kent Sharp, an attorney with La Jolla Law Group.

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Sharp said that’s what he has advised the property management groups he represents to do in this situation. He added that if tenants were behind on their rent and had not received an eviction notice prior to the flood, they also cannot be evicted.

Sharp also warned that landlords need to follow through with the rental agreement or lease, and make sure to only charge what they are contractually allowed to, and not raise the rent in the middle of an agreement, even though he understands that this will likely be a big cost to repair units.

Sharp said he has never seen the county pass a moratorium like this one because of flooding, which he called broad. It it similar to the power used during the COVID-19 pandemic.

“It’s a slippery slope these landlords have to operate in, but it’s really no one’s fault, it’s the floods,” Sharp added.

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