Law Office of Rudolph E. Loewenstein

Listen to Professor Alexandra Natapoff and I discuss what whats happening in Orange County, CA's District Attorneys office. Among the many alleged violations, a secret record keeping system called TRED, deputies committing perjury, and the failure to present exculpatory evidence for criminal defendants are at the center of a controversy involving the use of jailhouse informants

Defendants are being summoned into court to answer questions put to them by the judge regarding their cases. The "errors" described in the court records aren't just clerical errors, they are fraudulent entries describing events that never happened. The FBI is confronting the defendants in the courtroom hallway as they leave the courtroom requesting to interview them. The court has a legitimate interest in finding out what happened within its own system. However, Rule of Cour...t 5.548 requires the judge to tell these defendants, who are mostly poor, and probably uneducated in the law, what their Constitutional Rights are when he is questioning them. Rule of Court 5.548 states: "If a person is called as a witness and it appears to the court that the testimony or other evidence being sought may tend to incriminate the witness, the court MUST advise the witness of the privilege against self-incrimination and of the possible consequences of testifying. The court MUST also inform the witness of the right to representation by counsel and,if indigent, of the right to have counsel appointed". With the FBI waiting to question these defendants under very intense circumstances it is very clear to me that the Court has to follow their own Rule of Court and protect, not just interrogate the people who come before it. See more

What a mess, an estimated 600 cases will be re-opened and new investigations will begin. almost all involving Latino defendants accused of DUI or driving without a license, are scheduled to come before Judge Thomas Borris this month to determine whether they should be sent back to square one. The cases date as far back as 2006.

Al Jazeera America recently contacted me regarding the ongoing investigation of the Orange County District Attorney and the Orange County Sheriff's Department, CA jailhouse informant scandal. I had my own preconceptions about the network but the show they did was balanced and fair. Various other news organizations are continuing to investigate to see how deep the scandal goes.

Sometimes a trial can be won without actually picking a jury or putting the case in front of a jury. Pretrial motions shape and define the issues that the jury will decide. Last week the importance of this was proven again. I started a trial with pretrial motions to exclude damaging testimony on the grounds it was too inflammatory for the jury to hear. That is, just hearing about this piece of evidence would prevent my client getting a fair trial. The judge agreed and told ...the DA it wasn't coming into evidence. The DA's reaction was to announce that they couldn't proceed. I moved to dismiss and the judge granted my request. The case that looked bleak suddenly was a winner. Successful trial work sometimes means not even going to trial. See more

We spent Saturday supporting my favorite charity MSWalk National Multiple Sclerosis Society. Please help our team reach our funding goal and help cure MS. Follow the link to donate. http://walkcas.nationalmssociety.org/goto/loewenstein

René "Boxer" Enriquez was a high level Mexican Mafia crime figure. His life was based on intimidation, murder, drug sales and evil. Boxer was a made member of the Mexican Mafia. What's a made member you ask? It's somebody who has killed for the Mexican Mafia and is such a trusted comrade that he proudly wears the black hand tattoo. Read more to find out how testifying can line your pockets...

The The Huffington Post is spot on with it's assessment of OCDA and the handling of "Jailhouse Snitches". At the time, the government had committed "significant" violations of due process and called certain aspects of the office's behavior a "comedy of errors."

He is the most dangerous guy, the most manipulative and devious guy I’ve ever encountered in 36 years of practice as a defense attorney and prosecutor, said Tustin attorney Rudy Loewenstein, who twice cross-examined Enriquez during a Mexican Mafia case. Click on this link to read more about this fascinating appeal for freedom.