Posts Tagged ‘Cases Won’

Karate Teacher Cleared of Child-Sex Charges

Posted on: February 3rd, 2012 by turerlaw No Comments

By Paul Payne – The Press Democrat

A 41-year-old Santa Rosa karate instructor was cleared of felony child-sex charges involving a teenage student who witnesses said developed a crush on him.

Jason Bates was accused of kissing and groping the 13-year-old girl in 2007 during classes at the Finley Community Center and at a private martial arts party at his house.

Bates was charged with five counts of committing lewd and lascivious acts on a minor – allegations that could have sent him to prison for nine years.

But jurors listening to the three-week trial found there was no evidence Bates molested the girl, now an 18-year-old college student, who testified as Jane Doe.

They tossed out the felonies and instead convicted Bates of misdemeanor battery for a kiss Bates’ lawyers argued was initiated by the girl.

Bates, who works a systems engineer for a defense contractor, was a student and part-time instructor at the Santa Rosa karate class. He and his wife reported the crush to the girl’s parents in 2007, said Orchid Vaghti, an attorney who represented Bates.

The mother contacted police about two years later when she read about the girl’s fantasies in her diary, Vaghti said.

Source: The Press Democrat

 

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Jury Says Self Defense in Santa Rosa Beating

Posted on: November 28th, 2011 by Turer Law No Comments

By: Paul Payne – The Press Democrat

A jury has acquitted a Santa Rosa man who kicked another man in the head during a fight and causing brain damage, concluding he acted in self-defense, his lawyer said Thursday.

Robert Upshall, 24, was on trial on charges of assault with a deadly weapon and battery in the 2009 fight with Cory Debari, 26, outside a downtown Santa Rosa gas station.

Prosecutors alleged that after Upshall knocked Debari to the ground with his fists, he kicked him in the head, causing internal bleeding.

But Upshall’s lawyer, Stephen Turer, argued Upshall acted in self-defense to ensure Debari, who he said provoked the fight, would not get up and attack him again.

Jurors agreed. After a week of testimony, they deliberated about seven hours before clearing Upshall Wednesday of all charges.

“If you’re going to start a fight you got to be prepared to be hurt,” Turer said.

The fight happened Nov. 25, 2009, at the Chevron station at the intersection of College and Mendocino avenues.

Upshall and a friend had been drinking in a nightclub and walked to the station to buy microwave hamburgers, Turer said.

As they were leaving the store, an intoxicated Debari and another man apparently mistook the men for being gay and yelled a slur at them, Turer said.

A fight broke out and Upshall knocked Debari to the ground. He was allegedly down for several seconds before Upshall, who was wearing tennis shoes, kicked him,Turer said.

Upshall had previously agreed to plead guilty to charges of assault with a deadly weapon and battery with great bodily injuries enhancements in exchange for a no-prison deal with prosecutors.

His first lawyer told him he would never convince a jury he was innocent because of the seriousness of Bebari’s injury. But a judge wouldn’t accept the plea deal, forcing a trial. Turer took over the case.

“The law is clear,” Turer said. “If you are defending yourself and use appropriate force . . . it doesn’t matter if they other guy gets hurt. It’s self-defense. He had a right to kick the guy to make sure he stayed down.”

Source: The Press Democrat

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Turer Law Case Featured Nationally on TMZ

Posted on: August 17th, 2011 by Turer Law No Comments

A sailor caught in the web of Dateline’s “To Catch a Predator” was just acquitted of all charges, after the judge ruled NBC engaged in entrapment.

Joseph Roisman was prosecuted for lewd and lascivious conduct with a minor, after allegedly arranging a meeting with someone he thought was a 13-year-old girl.

Judge Arthur Wick in Sonoma County, California, threw the case out after the prosecution presented its case, ruling prosecutors failed to prove Roisman had an intent to have sex with the decoy.

Roisman’s lawyer, L. Stephen Turer, lashed out at the tactics of the people responsible for “To Catch a Predator,” saying “They took everything away from this kid just to make a TV show.”

Turer added, “This case is the poster child for the abuse in this program.”

There were 29 arrests as a result of the Dateline sting. 28 of the defendants pled guilty without going to trial. This is the only case of the 29 that went to trial, and Dateline’s tactics were squarely repudiated.

NBC could not be reached for comment.

Source: TMZ

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Acquitted From A To Catch a Predator’ TV Sex Sting

Posted on: August 16th, 2011 by Turer Law No Comments

By Paul Payne, The Press Democrat

He was kicked out of the Navy and spent time in jail.

Tuesday, five years after appearing on NBC Dateline’s “To Catch a Predator,” 26-year-old Joseph Roisman of Watsonville was acquitted of charges of attempting to have sex with an online decoy posing as a 13-year-old girl from Petaluma.

He is the only one of 29 men prosecuted in the 2006 sting to beat the rap.

“I’m ready to move on with my life,” Roisman said outside the courtroom following proceedings. “Hopefully the service will take me back,” he said of his desire to continue his military career.

His mother, Deborah Roisman of Watsonville, shouted, “Woo woo!” as Judge Arthur Wick ordered the case thrown out after six days of trial testimony, and later had harsh words for those involved in the TV show that implicated her son.

She said she and her pediatrician husband spent more than $100,000 defending their son. She vowed to sue NBC producers and called the sting a “huge waste” of tax money.

“They made my son’s life a living hell for five years,” she said.

A Dateline spokeswoman, Amy Lynn, did not return a call seeking comment.

In reaching his decision, Wick found prosecutors had not proven Roisman had “specific intent” to commit the crime – attempting lewd acts with a child under age 14.

He also criticized the tactics used by Dateline’s partner, online watchdog Perverted Justice, whom he suggested lacked credibility and engaged in entrapment.

“The axiom, ‘Actions speak louder than words,’ clearly does not apply in this case,” Wick said from the bench.

Wick stopped the trial and issued the verdict without the defense team presenting its case and before consideration by the jury.

Roisman’s attorney, Stephen Turer, argued his client’s online chats were innocuous and that he intended nothing other than “cuddling and watching movies” when he rode a bus 110 miles to meet the girl.

Turer argued it was Perverted Justice officials who steered the conversation toward sex. Although Roisman was told the girl’s age, he was doubtful because of her mature-sounding voice and sophisticated talk, Turer said.

“This case is the poster child for the abuse in this program,” Turer said after the acquittal. “They took everything away from this kid just to make a TV show.”

Prosecutors said there was enough evidence to bring Roisman to trial.

“We were disappointed the jury didn’t have the opportunity to review all the facts of the case,” District Attorney Jill Ravitch said.

Roisman was on leave from the Navy when he was arrested in a three-day sex sting in Petaluma in August 2006.

Like the other defendants, which included a doctor from the East Bay Area, Perverted Justice volunteers contacted him in an Internet chat room.

Roisman talked to a “Tori_Rox_2006,” who identified herself as a 13-year-old girl living in Petaluma.

He questioned her about the oldest person she had sex with and suggested they “cut up some fruit and eat it off each other,” according to court documents.

Roisman eventually agreed to a rendezvous at the Castle Drive house, where he stripped off his shirt upon entering the backyard after arriving by bus from the Watsonville area.

However, instead of the girl, he was met by cameras and Dateline host Chris Hansen, who made a name and reputation for himself from his confrontations in the show. After a brief conversation, which was recorded for TV, Roisman was arrested by Petaluma police, also recorded for the show.

Sonoma County jurors leaving the courthouse Tuesday said they were not impressed by the Southern California-based group’s methods. Windsor bank teller Kathleen Kerckhoff said they obviously induced Roisman to act the way he did. She said she would have found him not guilty if the case had come to the jury.

“I don’t have any respect for Perverted Justice after this trial,” she said. “I think they do have quotas. They have an agenda. It was the right resolution.”

In all, prosecutors obtained convictions on 27 defendants. Sentences ranged from probation to nine months in jail.

Among the most notorious cases was that of Piedmont cancer doctor Maurice Wolin, 53, who last year got two months in jail and lifetime sex offender registration after a protracted legal battle.

Southern California-based Perverted Justice claims 546 convictions nationwide since 2004. Perverted Justice officials did not respond to an email Tuesday seeking comment.

Source: The Press Democrat

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Man Acquitted of Charge Stemming From TV Sex Sting

Posted on: August 16th, 2011 by Turer Law No Comments

Chris Hansen of "Dateline NBC"' talks to a suspect in Petaluma during the August 2006 taping of "To Catch a Predator."By Paul Payne, The Press Democrat

A former Watsonville sailor caught in a nationally televised Petaluma child-sex sting five years ago was acquitted Tuesday by a Sonoma County judge who said there was insufficient evidence of lewd intent in online chats the man had with a decoy posing as a 13-year-old girl.

In dismissing the case against Joseph Roisman, 26, Judge Arthur Wick also criticized the tactics used by Dateline NBC’s “To Catch a Predator” and agents from the group, Perverted Justice, whom he suggested lacked credibility and engaged in entrapment.

“The axiom actions speak louder than words clearly does not apply in this case,” Wick said from the bench.

Roisman and his parents were ecstatic. The ex-Navy cook was kicked out of the military and spent about a year in jail after his 2006 arrest on a charge of attempting lewd and lascivious conduct with a minor.

“I’m ready to move on with my life,” he said outside the courtroom. “Hopefully the service will take me back.”

His mother, Deborah Roisman, said she and her pediatrician husband spent more than $100,000 defending their son. She vowed to sue NBC producers and called the sting a “huge waste” of tax money.

“They made my son’s life a living hell for five years,” she said.

A Dateline spokeswoman, Amy Lynn, did not immediately return calls seeking comment.

Wick’s ruling came as the prosecution rested following six days of trial testimony. Jurors were expected to be dismissed this afternoon.

Roisman’s attorney, Stephen Turer, argued his client’s online chats were innocuous and that he intended nothing other than “cuddling and watching movies” when he rode a bus 110 miles north to meet the girl in Petaluma.

Turer argued it was Perverted Justice officials who steered the conversation toward sex. Although Roisman was told the girl’s age, he was doubtful because of her mature-sounding voice and sophisticated talk, Turer said.

“This case is the poster child for the abuse in this program,” Turer said after the acquittal. “They took everything away from this kid just to make a TV show.”

Prosecutor Juliette Olson said there was enough evidence to bring the case to trial. Assistant District Attorney Christine Cook called it “unfortunate” the judge denied jurors a chance to review and consider it.

“We believe there was sufficient evidence for a jury to make a determination,” Cook said.

Roisman was among 29 men arrested in a three-day sex sting in Petaluma in August 2006.

Volunteers from the group Perverted Justice engaged the men in Internet chat rooms and lured them to a house where they expected to have sex with a 13 year old girl.

Instead, they were met by Dateline host Chris Hansen and cameras and later arrested by police.

Convictions were obtained on 27 defendants. Sentences ranged from probation to nine months in jail.

Source: The Press Democrat

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