About the Authors and Consultants

Transcription

1 About the Authors and Consultants Michael J. Aye, Esq., maintains a law practice in Sacramento that is devoted exclusively to criminal defense, with special emphasis on postconviction civil commitments and DNA litigation. For over a decade, he has focused his practice on the defense of persons alleged to be sexually violent predators (SVPs) and has lectured on this topic. He earned his undergraduate degree from California State University (Sacramento) and his J.D. from the University of the Pacific, McGeorge School of Law. He is the author of Assessing Evidence Under the Sexually Violent Predator Act (see chap 18). Hudson Bair, Esq., is a principal in the Oakland law firm of Kapsack & Bair, LLP, specializing in the defense of driving under the influence. Mr. Bair has particular expertise in breath and blood testing for alcohol and is certified both as a Drug Recognition Screener and as an instructor in standardized field sobriety testing (SFST). He earned his undergraduate degree from the University of Utah and his J.D. from Golden Gate University School of Law, San Francisco. He is coauthor of Evidence of Alcohol Intoxication (see chap 6). Elliot S. Beckelman, Esq., is an Assistant District Attorney with the City and County of San Francisco. He has served as the managing attorney of the Sex Crimes/Child Abuse and Career Criminal Prosecution Units. He has also served as a trial attorney in the Homicide, Gangs, General Felony Litigation, Elder Abuse, and Narcotics Units. He also supervised the District Attorney s investigation of clergy sexual abuse and was co-counsel in its DNA- STR admissibility litigation. He earned his undergraduate degree from the University of Wisconsin (Madison) and his J.D. from the University of California, Hastings College of the Law. Mr. Beckelman is coauthor of Introducing Scientific Evidence at Trial (see chap 1) and Challenging Expert Testimony on Scientific Evidence (see chap 4). Michael Begovich, Esq., is a Deputy Public Defender with the San Diego County Public Defenders Office, and Chair of the Executive Committee of the State Bar s Criminal Law Section, where he previously served in other capacities, including Chair of the Education Subcommittee. He also is an adjunct professor at Thomas Jefferson School of Law in San Diego, where he teaches Trial Practice and Advanced Trial Advocacy. Before joining the public defender s office, Mr. Begovich worked in an AV-rated civil law firm. Mr. Begovich earned his undergraduate degree (summa cum laude and Phi Beta Kappa) from the University of California (Davis) and his J.D.

2 from the University of California, Hastings College of the Law. He is the author of Chapter 29 (Jury Selection) in CEB s California Criminal Law Procedure and Practice ( ) and in California Criminal Law: Forms Manual, Second Edition ( ), and additional articles relating to jury selection and trial practice. Rated AV by Martindale-Hubbell, Mr. Begovich provides ongoing MCLE training for the State Bar, San Diego County Bar, and his office staff in areas relating to trial practice. He is the author of Preparing and Presenting Expert Testimony on Scientific Evidence (see chap 3). Ulises Castellon, CPCU, RFA, is the Operations Director of Fire Cause Analysis: a forensic investigation and engineering firm headquartered in Berkeley. Within that company, he also is the head of Claims Analysis, as an insurance consultant and expert witness. He regularly teaches courses of topics ranging from arson and fraud investigations to fair claims practices, and he has published articles on similar topics for insurance trade journals. Mr. Castellon belongs to numerous professional organizations and is highly experienced in providing deposition and trial testimony. Mr. Castellon is a coauthor of Origin and Cause of Fire (see chap 12). In addition, the authors gratefully acknowledge the contributions of ATF Agent Steve Carmen to the chapter. David J. Cohen, Esq., is a Certified Criminal Law Specialist and the lead principal of Bay Area Criminal Lawyers, P.C., of San Francisco. His practice emphasizes white-collar criminal defense work, and he has extensive trial and appellate experience in both federal and state courts. He began his legal career in New York City, but relocated to California and, after practicing with Federal Defenders of San Diego, Inc., opened his own practice. Mr. Cohen earned his undergraduate degree from Amherst College and his J.D. from the University of Chicago Law School. He is a coauthor of Forensic Toxicology and the Use of Drug Evidence in the Courtroom (see chap 7). Elena Condes, Esq., has maintained a private criminal defense practice in Berkeley since Known for her exceptional trial advocacy skills, Ms. Condes s practice takes her into both federal and state court. Formerly, she served as the Chair of the East Bay La Raza Lawyers Association and as President of Women Defenders. In addition, she is an update author for California Criminal Law Procedure and Practice (Cal CEB Annual). Ms. Condes earned her undergraduate degree from the University of Arizona and her J.D. from Golden Gate University School of Law, San Francisco. She is both the author of Global Positioning Systems (GPS), Cell Phones, and Other Tracking Devices (see chap 15) and a Consulting Editor for this title. John E. Costain, Esq., was a Deputy Public Defender for over 20 years with the Alameda County Public Defender s Office before opening a private practice in Woodacre in Since 2005, Mr. Costain has coauthored the updates to chap 30 of California Criminal

3 Law Procedure and Practice (Cal CEB Annual). He earned his undergraduate degree from the University of California (Berkeley) and his J.D. from the University of San Francisco School of Law. He is coauthor of Fingerprints (see chap 9) and the author of Questioned Documents and Firearms and Toolmarks (see chaps 10 and 11, respectively). Scott Wm. Davenport, Esq., whose background includes being a Certified Specialist in both Appellate Law and Criminal Law, is a partner in the Orange County office of Manning & Marder, Kass, Ellrod, Ramirez LLP. He has been lead counsel in over 400 appellate matters, is AV rated, and is the Chair of the Committee of Bar Examiners. He currently serves as an appellate settlement officer with the Second District Court of Appeal. Mr. Davenport earned his undergraduate degree from the University of California (Riverside) and his J.D. from California Western School of Law, San Diego. He is coauthor of Novel Scientific Techniques Subject to the Kelly Rule (see chap 2). Lisa C. DewBerry, Esq., is a Certified Criminal Law Specialist who maintains her practice in San Francisco. She has over 28 years of experience representing both youth and adults, and she has handled more than 100 jury trials. Before opening her practice, she was a lead attorney in the San Francisco Public Defender s Office. She is an adjunct professor at Golden Gate University School of Law, and is on the faculty of the National Institute of Trial Advocacy. Ms. DewBerry earned her undergraduate degree and her J.D. from the University of San Francisco School of Law. She is a coauthor of Forensic Toxicology and the Use of Drug Evidence in the Courtroom (see chap 7). Hon. Gregory A. Dohi is a judge of the Los Angeles County Superior Court. From 1991 until becoming a judge in 2007, he was a Deputy District Attorney with the Los Angeles County District Attorney s Office, where he served in the high-tech, hardcore gangs, and major crimes divisions. Judge Dohi is an adjunct professor at Southwestern University School of Law, where he teaches forensic evidence. He earned two undergraduate degrees (magna cum laude) from Harvard University and his J.D. from the University of California School of Law, Berkeley. Judge Dohi wishes to thank Barry Fisher, Lewis Bolf, and J.J. Cavaleri of the Los Angeles County Sheriff s Department Crime Laboratory for patiently reviewing this article and weeding out the grossest errors. Judge Dohi is the author of Trace Evidence and Gunshot Residue (see chap 8). E. Thomas Dunn, Jr., Esq., is a Certified Specialist in both Criminal and Appellate Law, with an Anaheim practice that focuses on criminal law and motion matters, writs, and appeals. He previously handled civil rights defense cases as an associate with Manning & Marder, Kass, Ellrod, Ramirez LLP, and he was the lead appellate attorney for 4 years at the California Court of Appeal. He also was a Senior

4 Deputy District Attorney for Orange County from 1985 to 1997, and he served for 2 years as a California Deputy Attorney General. He teaches advanced criminal evidence and other advanced criminal law courses at Western State University College of Law, where he has been on the faculty since Mr. Dunn is an update author for California Criminal Law Procedure and Practice (Cal CEB Annual). He earned his undergraduate degree from Biola University and his J.D. from Southwestern University School of Law. He is coauthor of Novel Scientific Techniques Subject to the Kelly Rule (see chap 2). Kerry L. Francis, CPA, is a forensic accountant and partner in the forensic and dispute services practice of Deloitte Financial Advisory Services, LLP, and leads its national corporate investigations service line out of the San Francisco office. She specializes in internal corporate investigations and securities litigation matters and has provided services in a variety of legal matters, including preparing trial exhibits and testimony. She received her undergraduate degree from the University of California (Berkeley). She is coauthor of Use of Forensic Accounting to Identify Evidence of Crime (see chap 13). She wishes to thank Caroline Greenway and Robert Kytonen of Deloitte Financial Advisory Services, LLP, for their research assistance. Kali S. Grech, Esq., is a criminal defense attorney with Bay Area Criminal Lawyers, P.C., of San Francisco. Before joining the firm, Ms. Grech worked for the Contra Costa County Public Defender s Office in Richmond and had prior experience with law offices that practiced in a variety of subject areas, including family, tax, bankruptcy, environmental, and general civil litigation. She earned her undergraduate degree from California Polytechnic State University, San Luis Obispo (summa cum laude) and her J.D. from the University of San Francisco School of Law. She is a coauthor of Forensic Toxicology and the Use of Drug Evidence in the Courtroom (see chap 7). Andy Gutierrez, Esq., is a Deputy Public Defender with the Santa Clara County Public Defender s Office, with over a decade of experience as an attorney. He earned his undergraduate degree from the University of California (Los Angeles) and his J.D. from the University of California, Hastings College of the Law. He is the author of Gang Expert Testimony (see chap 17). Lyn Haber, Ph.D., is a partner in Human Factors Consultants, a Swall Meadows, California, firm that specializes in providing legal expertise, consultation and testimony on eyewitness identification, the factors that affect the accuracy of fingerprint comparisons, and language and safety failures. For over 20 years, Dr. Haber has provided testimony about the factors identified in scientific research that are relevant to the facts of specific cases and has assisted clients in numerous state and federal courts. Her extensive educational background includes, in part, an undergraduate degree from Brandeis

5 University, and both an M.A. and Ph.D. in Linguistics from the University of California (Berkeley). Dr. Haber is the coauthor of Fingerprints (see chap 9). Ralph N. Haber, Ph.D., is a partner in Human Factors Consultants (see further description in bio for Lyn Haber, Ph.D.). He has qualified as an expert on eyewitness testimony and identification, fingerprint identification, and human factors in the courts of ten California counties as well as in numerous sister state and federal courts. He has been a consulting editor for many scientific journals, a scientific reviewer for governmental agencies, and a university research consultant. He has published books as well as scientific articles and chapters, and he has made some 125 conference and convention presentations. He is a Professor Emeritus of Psychology at the University of Illinois (Chicago). Dr. Haber received his undergraduate degree from the University of Michigan, his M.A. from Wesleyan University, and his Ph.D. in Psychology from Stanford University. Dr. Haber is a consultant on this title. Hon. Thomas E. Hollenhorst is Associate Justice of the Court of Appeal, Fourth District, Division Two (Riverside). After serving as a trial court judge, he was elevated to the Court of Appeal in While an attorney, he served in the Riverside County District Attorney s Office. He is the former Chair of Judicial Education for the ABA s Appellate Judge Conference, and he serves on two Judicial Council advisory committees. He is the former chair of the Ethics Education Committee of the Center for Judicial Education and Research (CJER) and teaches ethics courses to judges. Justice Hollenhorst earned his undergraduate degree from San Jose State University, his J.D. from the University of California, Hastings College of the Law, and his LL.M. from the University of Virginia School of Law. He is the Consulting Editor for this title. John Janes is Director of the Analytic and Forensic Technology Group of Deloitte Financial Advisory Services, LLP (San Francisco). He has over 25 years of experience in providing technology solutions to law firms and general counsels offices. He has worked for systems vendors and consulting firms designing, installing, and implementing litigation and case management systems for law firms and law departments. He earned his undergraduate degree from the University of Maryland. He is coauthor of Computer Forensic Investigations in Corporate Environments (see chap 14). He wishes to thank Tomas Castrejon of Deloitte Financial Advisory Services, LLP, for his research assistance. Hon. Darrell S. Mavis is a judge of the Los Angeles County Superior Court. From 1991 until becoming a judge in 2006, he was a Deputy District Attorney with the Los Angeles County District Attorney s Office. He served earlier as an attorney with the U.S. Department of Justice. Formerly, Judge Mavis was the Chair of the State Bar s Criminal Law Section Executive Committee. He has been an adjunct

6 professor at Southwestern University School of Law since 1996, teaching trial advocacy. Judge Mavis earned his undergraduate degree from MIT and his J.D. from Harvard Law School. He is the coauthor of Introducing Scientific Evidence at Trial and Challenging Expert Testimony on Scientific Evidence (see chaps 1 and 4, respectively). Donald J. Perkins, a Certified Fire Investigator (CFI), is the current Vice President and Director of Fire Investigations of Fire Cause Analysis, Inc., a forensic investigation and engineering firm headquartered in Berkeley that he founded in 1980 and merged with IFT, Inc. in Mr. Perkins had a distinguished 28-year public safety career with fire departments in Santa Clara County, rising to the rank of Captain. He has conducted or supervised over 4000 fire investigations, taught principles of fire investigation, and given expert testimony in both state and federal courts. He is a coauthor of Origin and Cause of Fire (see chap 12). John T. Philipsborn, Esq., is a Certified Specialist in Criminal Law with a private criminal defense practice in San Francisco. Mr. Philipsborn writes and speaks frequently on such topics as competency to stand trial and the role of psychiatrists and psychologists in criminal litigation. He is a member of CEB s Criminal Law Advisory Committee as well as an update author of California Criminal Law Procedure and Practice (Cal CEB Annual). He earned his undergraduate degree from Bowdoin College, his M.A. from Antioch College, and his J.D. from the University of California, Davis, School of Law. He is the author of Assessment of Mental Health and Functioning (see chap 16). Judith L. Stewart is a senior forensic technologist in a division of Forensic Analytical Specialties, in Hayward. She has over 33 years of experience in forensic toxicology, including 4 years as a laboratory director. She is court-qualified in many forensic science areas, including blood and urine analysis and interpretation and analysis of controlled substances. She is a member and past President of the California Association of Toxicologists, has authored articles, and has given presentations on various aspects of forensic toxicology. She earned an undergraduate degree in Biology from California State University, Fresno. She is a coauthor of Forensic Toxicology and the Use of Drug Evidence in the Courtroom (see chap 7). Hon. Mark E. Windham is a judge of the Los Angeles County Superior Court. He served as Head Deputy Public Defender for the Los Angeles County Public Defender s Office from 2000 until his appointment to the bench in January From 1985 to 2000, he served as a Deputy Public Defender for the same agency and was in private practice from 1984 to Judge Windham earned his undergraduate degree from the University of California (Berkeley) and his J.D. from the University of California, Hastings College of the Law. He is the author of DNA Evidence (see chap 5).

7 Kenton Wong is a senior forensic scientist at Forensic Analytical Specialties, in Hayward, which is a full-service independent crime laboratory that provides forensic services to district attorneys, public defenders, independent law firms, law enforcement agencies, private investigators, and insurance claim investigators. He has over 20 years of experience in forensic science with city and county enforcement agencies. He is court-qualified in many forensic science areas, including crime scene reconstruction, blood stain pattern analysis, firearms and toolmarks, arson accelerant examinations, blood alcohol analysis and interpretation, controlled substances, and toxicology. Mr. Wong holds a B.S. in Environmental Toxicology and an M.A. in Biological Sciences from the University of California (Davis) and San Jose State University, respectively. He holds his national board certification in criminalistics as a Diplomate of the American Board of Criminalistics, is a licensed Clinical Toxicologist and Forensic Alcohol Supervisor, and is a board-certified Crime Scene Investigator of the International Association for Identification. Currently, Mr. Wong serves as the chairman of the Forensic Alcohol Advisory Committee for the California Association of Criminalists and on the California State Department of Public Health s Forensic Alcohol Review Committee. He is a consultant on this title. Douglas K. Wood, Esq., is a partner at Rudloff Wood & Barrows, LLP, of Emeryville. He specializes in property insurance law and the defense of litigation involving complex insurance claims. Repeatedly, he has been named as one of Northern California s Super Lawyers and one of the Bay Area s Best Insurance Lawyers. Formerly, Mr. Wood was a legal consultant to the California Conference of Arson Investigators. He speaks, writes, and teaches regularly. He received his undergraduate degree from the University of the Pacific and his J.D. from the University of California, Hastings College of the Law. He is a coauthor of Origin and Cause of Fire (see chap 12). Margaret L. Wu, Esq., is a University Counsel with the Office of General Counsel, University of California, in Oakland. She practices in the litigation group, focusing on educational affairs and academic litigation. She previously was an attorney with Morrison & Foerster, LLP in San Francisco and with Boies, Schiller & Flexner, LLP in Oakland. Ms. Wu earned her undergraduate degree from Stanford University and her J.D. from the University of California, Berkeley, School of Law. She is coauthor of Use of Forensic Accounting to Identify Evidence of Crime and Computer Forensic Investigations in Corporate Environments (see chaps 13 and 14, respectively). She wishes to thank Julie Soeganda, Felicia Medina, and Nicholas Napolitan of Morrison & Foerster, LLP, for their research assistance. Jeffrey L. Zehnder is a forensic toxicologist and director of Drug Detection Laboratories, Inc. of Sacramento, which provides drug and alcohol testing for employers, courts, public and private attorneys, hospitals, counselors, parents, and other individuals. Previously, he

8 was a clinical toxicologist with the University of California Medical Center as well as a supervising toxicologist with Sacramento Clinical Laboratories. He has testified approximately 2000 times as an expert on drug and alcohol metabolism and testing, on the effects of alcohol and drugs, and on toxicology testing. Mr. Zehnder has a Bachelor of Science degree in Forensic Science with a teaching minor in Chemistry from California State University (Sacramento). He is a coauthor of Evidence of Alcohol Intoxication (see chap 6). Joseph Zicherman, Ph.D., is the President and fire safety consultant of Fire Cause Analysis, a Berkeley-headquartered forensic investigation and engineering firm. He specializes in the fire performance of materials and systems as well as selected problem areas related to polymers, paper, and wood. A key focus of his work includes forensic work for attorneys and clients associated with the insurance industry. Dr. Zicherman has consulted on a wide array of local, state, and national projects and investigations as well as authored or contributed to manuals and other publications. He received his undergraduate degree from SUNY College of Forestry, his M.A. from North Carolina State University, and his Ph.D. from the University of California (Berkeley). He is a coauthor of Origin and Cause of Fire (see chap 12).