• Court Refuses Defense Petition in Monrovia Shooting


    LOS ANGELES (CNS) – The California Supreme Court refused to review the case against a gang member convicted of a shooting in Monrovia six years ago that left a 16-year-old boy paralyzed from the waist down.

    The state’s highest court denied a defense petition asking it to consider the case against Jimmy Santana, who was convicted in February 2012 of one count each of attempted murder, shooting from a motor vehicle and assault with a firearm. Jurors also found gang and gun allegations to be true.

    The victim was riding his bicycle on Peck Road after buying snacks from a nearby store when he was shot at close range by the passenger in a burgundy- colored car who had yelled a derogatory term for a black street gang,

    The victim later identified Santana — with whom he had attended school – - as the gunman, according to a state appellate court ruling last October that rejected the defense’s contention that there were errors in Santana’s trial in Alhambra Superior Court.

    In a statement read in court by Deputy District Attorney Stacie Mayoras just before Santana was sentenced in June 2012, the young victim wrote that he had prayed for Santana and his family countless times.

    “Now I do not want you to think that I sympathize with you or I feel sorry for you in any way, although I must admit I hate that any of this had to happen … I am a strong individual and if I were to let something such as being shot devour the rest of my time living, then I would consider myself to be a fool,” the victim wrote.

    Santana is serving a 40-year-to-life term for the Jan. 12, 2008, shooting.

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    Added: January 17, 2014. 6:30 PM

    Jackson, a black, convicted of the rape of a white woman, was 21 years old. A court-appointed psychiatrist said that Jackson was of average education and average intelligence, that he was not an imbecile, or schizophrenic, or psychotic, that his traits were the product of environmental influences, and that he was competent to stand trial. Jackson had entered the house after the husband left for work. He held scissors against the neck of the wife, demanding money. She could find none, and a struggle ensued for the scissors, a battle which she lost, and she was then raped, Jackson keeping the scissors pressed against her neck. While there did not appear to be any long-term traumatic impact on the victim, she was bruised and abrased in the struggle, but was not hospitalized. Jackson was a convict who had escaped from a work gang in the area, a result of a three-year sentence for auto theft. He was at large for three days and during that time had committed several other offenses — burglary, auto theft, and assault and battery.

    Added: January 26, 2014. 10:16 AM

    A hearsay witness is one who testifies what someone else said or wrote. In most court proceedings there are many limitations on when hearsay evidence is admissible. Such limitations do not apply to grand jury investigations, many administrative proceedings, and may not apply to declarations used in support of an arrest or search warrant. Also some types of statements are not deemed to be hearsay and are not subject to such limitations.

     
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