Attorney General Xavier Becerra’s First Amendment Threat to Journalists

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California Attorney General Xavier Becerra has issued an edict to a pair of investigative reporters who obtained police discipline data following a California Public Records Act request filed with the state’s Commission on Peace Officer Standards and Training.

The documents included records related to around 12,000 current and former officers as well as individuals who applied to be officers. The list contained accusations of criminal conduct against some of those officers, including allegations of shoplifting, child molestation and murder.

Becerra’s officer later told the journalists the list was inadvertently disclosed to them and ordered the journalists to destroy and not disclose it. They refused, disclosing the list in a series of reporting from the U.C. Berkeley Investigative Reporting Program in collaboration with a handful of other newsrooms.

Becerra has since contemplated criminal charges against the reporters for their disclosure, something press freedom advocates say is a serious threat to their First Amendment protections and civic duty to inform the public.

Speaking to FOX40 News, Mark said freedom of the press is hard to challenge in court, even if journalists have records that normally wouldn’t be disclosable, as long as the reporters don’t obtain the records through illegal means.

“It’s very difficult for [police or prosecutors] to take [the records] from you, to punish you for having them or to prevent you from publishing them,” Mark said.

See the video below:

Wife of Accused Golden State Killer Joseph DeAngelo Files for Divorce

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A new twist in the Golden State Killer saga has opened up new possibilities in the trial against Joseph DeAngelo, the man charged with several decades-old crimes.

Speaking with FOX40 News, Mark said DeAngelo, who has been behind bars for 10 months, faces a new legal hurdle as he awaits what could be California’s biggest criminal trial in state history.

 

Court records show DeAngelo’s wife filed for divorce in state superior court last year.

“There’s now a divorce pending, which means they’re no longer legally married, and that’s significant,” Mark said. “I think this is a treasure trove for the prosecution now. She can really be a domestic diary of the daily activities of this person.”

If the couple had remained married, defense attorneys for DeAngelo could have stopped prosecutors from forcing his wife to testify, citing spousal privilege. But now she can testify, though with certain limitations.

“She can’t talk about [specific] communications, but she can talk about observations — he wasn’t home this night, this night he came home with these clothes, this night he took the truck,” Mark said.

The trial could still be up to a year away.

Read the full story on FOX40’s website by clicking or tapping here.

Mark Represents Davis Woman Hayley Gilligan in Court Hearing

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Was it murder or was it self-defense?

Mark represented Hayley Katherine Gilligan, 30, of Davis at a court hearing, telling local reporters afterward he is confident his client would prevail over homicide charges stemming from a self-defense shooting against her former boyfriend.

“We know this is an extreme tragedy for everyone,” Mark said. “There’s nothing good about this situation.”

Mark said his client was planning to go to Disneyland the day of the shooting. Hayley and her boyfriend were broken up at the time, Mark said.

“We trust the process, we have absolute faith in the system,” Mark said. “We think it’s going to work out for my client. We’re positive of that.”

Read the full story on KCRA-TV’s website by clicking or tapping here.

Sacramento Man Omar Ameen Accused of Fighting for ISIS

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Omar Ameen, a Sacramento man, was arrested earlier this week for allegedly working with ISIS during his time in Iraq several years ago.

Since moving to the United States, Ameen has led a quiet life as a welding student at nearby American River College and worked at an area auto body shop. He was granted asylum in the united states in 2014.

But a few weeks after his asylum request was approved, authorities claim Ameen went back to Iraq where he allegedly murdered a police officer.

Mark spoke with FOX40 News about the case, saying the case represents a “failure of the system.”

 

“The (asylum) screening process is meant to prevent this,” Reichel said.

A spokesperson for a refugee resettlement agency said it’s the first time an alleged terrorist has been resettled in the Sacramento region.

“The commitment of those who come here under refugee status who work hard, who attend our schools, who contribute to our local economy, who are raising their families,” the spokesperson said.

Read the full story on FOX40’s website here.

Solano County Public Defender Accused of Raping Fellow Attorney

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A Solano County grand jury handed down an indictment accusing former Deputy Public Defender Rahul Balaram of getting a colleague drunk, then raping her, following an office holiday party in Vallejo.

Now in private practice, Mark spoke with FOX40 News about his experience as a public defender, though he is not representing either client in the Solano County case.

 

“It’s already a really difficult job,” Mark said of the public defender role. “This is the worst possible thing that could happen to a public defender agency, something from within being so significant and being so inflammatory.”

Read the full story and see the complete interview on FOX40’s website here.

Idling Cars, Sacramento Police and the Craig Williams Arrest

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Officers with the Sacramento Police Department arrested Craig Williams, a local resident who allegedly left his car idling in front of a 7-11 convenience store. Cell phone video captured a wild encounter between Williams and officers outside of the store.

Mark spoke with ABC10’s Madison Wade about the case and what steps Williams can take next:

“”It says no one, no one, can leave a vehicle on a public highway or public road unless the engine is actually turned off and in the brake position,” Mark said about California vehicle code. “You can’t walk away or leave it running unless the brakes are set.”

See the full video and article by clicking or tapping here. 

WATCH: Appellate Court Overturns Conviction of Isaiah Fowler

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A state appellate court overturned the conviction of Isaiah Fowler, a 12-year-old Stockton boy who was accused of murder in connection with the death of his sister.

Mark Reichel spoke with KCRA 3 about the court’s decision in an interview later aired on KTVU FOX 2 News:

“They vacated the prior conviction,” Mark said, “So there’s currently no conviction against this young man…the big point in the opinion today was that the interviews of Isaiah Fowler were absolutely, blatantly unconstitutional.”

Mark, who represented Isaiah and the Fowler family during the case, told KCRA deceptive interview tactics were used against Isaiah who was questioned three times by police before he was arrested. During Isaiah’s third interview, he was questioned for three hours with his father present.

“He made a statement, which was ambiguous at best, and that’s when he was arrested,” Mark said. “Something along the lines of, I guess I did it, but I don’t remember if I did. He also said, before he was finished with that phrase, but I really didn’t do it. His father hugged him and said, I know you didn’t, son.”

Read the full story at KCRA’s website by clicking or tapping here.