Newsletter Winter 2016

THE VOICE CALIFORNIA SEXUAL ASSAULT INVESTIGATORS ASSOCIATION

Contents

Spring 2017 Training 2

Save the Date 3

Pismo Beach photos 4

2017 Spring Raffle 5

POST reminder 6

Achievement Awards 7

Membership Corner 8

CA Case Alert 9

CSAIA 2016 Board of Directors 10

Message from the President Now is often a time of thankfulness and careful reflection both in our professional and personal

lives as we near the end of another year. We at CSAIA are thankful for your membership and

your contribution to sexual assault investigations. Your commitment and attention to these

challenging cases are appreciated by many. We welcome our new members and value those of

you who continue to be loyal members.

I have had the privilege to work alongside the CSAIA Board of Directors this past year as the

president. I can’t say enough about the professional and dedicated efforts each of them bring to

the organization. I sincerely appreciate their voluntary service, knowledge and support.

The CSAIA Board of Directors has asked various agencies throughout the state to consider

nominating investigators that deserve recognition for their hard work. It is important to us to

recognize outstanding work in this area of investigations. Please consider nominating a peer that

deserves credit for a job well done.

Our training events continue to draw investigators throughout the state. We are always looking for your input for topics at our conference as well as one day training events. Our primary goal is to bring you quality training. In addition to training events, The Board of Directors wrote letters requesting that Governor Brown sign AB1744 and SB813 in to law. We continue to support measures that encourage the best practices for the successful prosecution of sex offenders and evidence preservation. We have worked closely over the years with CCFMTC. Unfortunately, they will not be available for our training at our spring conference. We will continue to provide medical training during the conference and hope you will enjoy the benefits from the presentations from various medical professionals and their expertise. I pass the presidency on to Steven Welch in January, 2017. Many of you know him and know he is an important asset to us. I will continue to serve on the board and serve with the other valued directors. Thank you for your membership and we hope to see you in Pismo Beach, CA March 7-10, 2017. As we experience the holidays and the upcoming New Year, we at CSAIA wish each of you continued safety and success!

On 4/21/16, I was contacted by the DA's office reference a

possible se

involving a subject that I

previously investigated reference a 261PC,

P15092059. See narrative for further information.

2016 CSAIA President Karla Beler

Sincerely,

Karla Beler/

CSAIA President

President Elect, Steven Welch

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2017 Spring Training in Shell Beach

The Board of Directors is working to bring you another great line-up of instructors and presentations for the 2017 Spring Training. The conference is a perfect opportunity for team building and networking between various agencies throughout California. We look forward to seeing you next year! Please contact us if you have an instructor or a topic suggestion. We would like to hear from you!

Charles Gillingham has been a Deputy District Attorney with the Santa Clara County District Attorney’s Office since 1994. He will present at

the 2017 CSAIA conference.

Kurtis Stenderup, Sergeant of the Santa Clara County Human Trafficking Task Force, will present for the 2017 CSAIA conference.

In the works: 2017 Spring Training

Tuesday, March 7th, 2017

8:00 -12:00 Sexual Victimization of Children

Michael Prodan

1:00 - 5:00 Thinking Errors of Sexual Offenders

Michael Prodan

Wednesday, March 8th, 2017

8:00 -12:00 Legislative Changes to Sexual Assault Law

Angela Alvarado 1:00 - 5:00 Case Review – People v.

Kwangmin Jin

Kenneth Kwok, Tony Holguin

Thursday, March 9th, 2017

8:00 - 12:00 Northridge Kidnap Case

Carla Zuniga, Dan Jenks 1:00 - 5:00 Cell Phone Investigations Kurtis Stenderup Friday, March 10th, 2017 8:00 - 12:00 Getting to Guilty

Chuck Gillingham

.

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Save the Date 2017 CSAIA Spring Training The 2017 Spring Training Conference will be March 7-10, 2017 at the Cliff’s Resort in Shell Beach, CA. We are looking forward to seeing everyone at the 2017 Spring Training Conference. If you have any suggestions please feel free to contact a Board Member at: 951-290-8261.

CSAIA hosted the 2016 Spring Training Conference at the Cliff’s Resort in Shell

Beach, CA on March 8-11, 2016. The conference was well attended and the line-up of speakers was well received. The feedback from attendees about the conference and instructors was positive and valuable. - -This was one of the best trainings that I have been a part of. Great job by all involved and CSAIA! Thank you! -Very worthwhile training/conference-will always strive to send my people. -Overall outstanding conference. I come away feeling I have learned something new every day and at no point felt my time was wasted. Thank you for a job well done in organizing this training!

CSAIA was contacted by Tim Chambers the Chief of Investigation and Enforcement for CAMTC - Professional Standards Division. He stated Sexual Assault reports (therapists assaulting their clients) are surprisingly common. CAMTC investigates 75 - 80 sexual assault complaints per year. CAMTC can often assist law enforcement in their investigations and has reached out to offer assistance. They can be reached at CAMTC.org. Give them a call or click on the link “File a Complaint”. Tim Chambers is now a member of CSAIA as well and is happy to answer your questions. Phone: (916) 669-5336, FAX (916) 669-5337

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Photos of Pismo Beach March, 2016, CA courtesy of President Elect Steven Welch

Board of Director Rick Barton and Sara Meridith presented at a one day training event at Glendora Police Department on 12/7/16.

.

The 2017 Spring Raffle

Proceeds will be donated to:

Sexual Assault Intervention and Prevention Serving Butte, Glenn, and Tehama Counties

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Thank you CSAIA members for participating and contributing!

Previous recipients: 2013-Pomona Children’s Advocacy Center, Pomona CA

2014 – Child Assessment Center, San Bernardino CA 2015 – The Family Healing Center, Fresno CA

2016 -Chadwick Center, San Diego CA

Each year CSAIA donates all raffle proceeds to deserving agencies throughout CA.

One Day Training in Glendora, CA Sarah Meredith/Director of the UC Davis Center for Advocacy, Resources and Education and CSAIA Board of Director Rick Barton presented at a 2016 one day training event in Glendora, CA for CSAIA on 12/7/16. Special thanks to Chula Vista Police Department Orange County Sheriff’s Department and Glendora Police Department for hosting trainings throughout the year!

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Our training is recognized by POST, BRN and MCLE - You get credit for attending! All

courses presented by the California Sexual Assault Investigators Association are POST Certified. For peace officers, this means you as an officer get POST Continuing Education Credit for the time you attend the class! CSAIA courses are also recognized by the Board of Registered Nurses and for Mandatory Continuing Legal Education for attorneys. All continuing education credit requires certification by the presenting organization. The POST Administrative Manual (PAM) requires each student sign in on the POST Course Roster along with their POST ID number (not your social security number). Students may not sign the Roster for another student. POST further requires that the Course Presenter (CSAIA) keep an attendance roster for every day of training, verifying each student’s attendance. Within 10 days of the end of the course, the CSAIA must submit the Course Roster to POST, documenting each student’s total hours. Per the PAM, students may miss up to 10% of the class for “valid reasons” (e.g. work related callouts, court appearance, etc.), or other “extraordinary circumstances.” POST may require the Course Presenter (CSAIA) to obtain supervisor verification for any time missed, and/or POST themselves may contact the student’s employer to verify that the missed time meets these criteria. Please be aware that the CSAIA could lose its status as a POST Course Presenter if we do not ensure all of these regulations are met. We appreciate your cooperation and understanding!

CSAIA President Karla Beler presented CSAIA 2015 President Richard Nickel with a plaque in appreciation of his contributions to CSAIA.

CSAIA Sustained Achievement Awards:

The Michiel Hyder Sustained Achievement Award

Sustained Achievement Award in Forensic Services Legislator of the Year Award Outstanding Agency of the Year Award The Patrick Sullivan Investigator of the Year Award

Please nominate someone who has affected change, increased victim awareness, made a difference in their community as it relates to the Sexual Assault Response Team concept, overcame obstacles to investigate, closed or prosecuted a case; supported work toward protective legislation or has contributed to the overall forensic science in the investigation of sexual assault cases. We want to recognize excellence!

CSAIA presents Sustained Achievement Awards at Annual CSAIA Training Conferences.

Please consider nominating recipients for the above Sustained Achievement awards in 2017. Nominations are due January 4, 2017 to the attention of Karen Sherwood. There

is great work being done by law enforcement officers and forensic examiners, and CSAIA would like to recognize the dedicated efforts of those that sacrifice and make a

difference for sexual assault victims.

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Membership Corner

Richard Nickel, Membership Director

Website: Resources Area The resources area provides presentations, downloads, interesting articles, and other web sites that are relevant to you. It is driven by member postings; the more items posted, the more resources will be shared. Examples of resources in this area are: 290 Information, Case Law, Legislation, Los Angeles County District Attorney’s Office One Minute Brief by Devallis Rutledge and lots more. Training Events Education and Training programs will help you build new skills and reinforce your own experiences and knowledge. E-Mail Members The California Sexual Assault Investigators Association email system allows members to exchange information. Members who are current can send, can share ideas, get information, and ask questions on important issues. Each email sent is stored for members to view on-line at a later date.

We are currently 326 members strong! If you have any recruitment ideas or would like to encourage members of your team or organization to become members of CSAIA, please contact our Membership Coordinator Richard Nickel. Richard can be reached at richard.nickel@csaia.org or boardmember@csaia.org.

Membership Status Check out your

membership

status at

www.csaia.org.

All memberships

are now based on

an annual

renewal from the

date you joined

the Association.

Membership is

$50.00 a year.

Training Ideas??

CSAIA is always looking for new and innovative ideas in training to bring to membership.

If you have any ideas for our Conference Training or One-Day Training, please contact: boardmember@csaia.org

Members make the difference! Join today!

There are many benefits simply from belonging to your association. The greatest benefit to joining CSAIA is the networking and camaraderie that takes place between members. As a CSAIA member, you have access to many on-line resources to enrich your professional career as well as the connection with law enforcement and forensic nurse specialists who have a real passion for what they do.

Riverside County District Attorney’s Office July 15, 2016 DCA – Admission of 100 Pornographic Photos Not Abuse of Discretion People v. Snyder (C070517) Defendant was convicted of child molestation and possessing child pornography. He appealed and challenged the trial court’s ruling under EC 352 to admit nearly 100 images of child pornography. In the published

portion of the opinion, the DCA disagreed and upheld the trial court: “No doubt, the images were unpleasant for the jury to view, but their probative value outweighed their prejudicial impact. Defendant testified he never viewed or downloaded

child pornography on his computers,” “The exhibits were also probative of defendant’s molestation crimes. They

demonstrated defendant’s intent to gratify his prurient desires with children,” and “They certainly were not more prejudicial than the victims’ explicit testimony of defendant’s molestations against them.”

July 18, 2016 DCA – Invasion of Privacy by Cellphone Adjudication Affirmed

People v. M.H. (D067616) Defendant recorded another juvenile in a bathroom stall, and uploaded it to social media

suggesting the recorded juvenile was masturbating. That juvenile committed suicide two weeks later, and defendant was alleged to be in violation of PC 647(j)(1) (unauthorized invasion of privacy using a cellphone). The DCA rejected various

challenges to the statute: “A student in a high school bathroom stall reasonably expects he will not be videoed and have

that video disseminated on social media,” “section 647(j)(1) cannot reasonably be construed to incorporate the specific intent to commit the tort of invasion of privacy because that tort is actually an umbrella term for four different common law

privacy torts,” and defendant forfeited his claim that the statute violates his First Amendment rights.

October 4, 2016 DCA – Waiver of Fifth Amendment Privilege Invalid Probation Condition

People v. Forney (A144450) Defendant was convicted of unlawful oral copulation (PC 288a(b)(2)) and unlawful sexual

intercourse (PC 261.5(d)), and granted probation. Conditions included he waive his Fifth Amendment privilege and submit to polygraph exams, that he not contact any minor without approval, and he not reside near where minors

congregate. Defendant challenged the conditions on appeal, and the DCA ordered modifications: “We . . . order the Fifth Amendment waiver stricken from the first of the challenged probation conditions. However, . . . the polygraph requirement,

shorn of the compelled Fifth Amendment waiver, is valid.” The other two conditions were modified to include knowledge

requirements and to replace “near” with 2,000 feet.

November 14, 2016 DCA – One-Strike Enhancement Reversed, Denial of Suppression Motion Affirmed

People v. Perkins (C072545) Defendant was convicted of kidnapping and raping a 17-year-old girl and raping and sodomizing his 11-year-old former stepdaughter. Among other claims on appeal, defendant challenged his one-strike

sentences on a number of grounds and the trial court’s denial of his motion to suppress the DNA on the penile swabs. In the published portion of the opinion, the DCA “reverse[d] the life without parole sentences imposed as enhancements under

the one-strike rule for lack of substantial evidence,” but “[t]he search was lawful and reasonable. It was conducted

pursuant to a condition of defendant’s parole, and the undisputed evidence shows the search was not arbitrary, capricious, or harassing.” The case was remanded for resentencing.

Editor’s note: a reminder that California Case ALERT is only intended as a very brief summary of recently published opinions. Subscribers are encouraged to open the link and read the entire opinion for a fuller understanding. Also, before relying on a case, readers are encouraged to make sure the case has not been subsequently de-published or granted review by a higher court.]

California Case ALERT may be reproduced and distributed if attributed to the Riverside County District Attorney’s Office. Copyright © 2016. Your questions and/or comments are welcome. Police officers, attorneys, students, and others can receive the California Case ALERT. Just send an e-mail with the word “subscribe” in the subject line to Sr. DDA Alan D. Tate, at atate@rivcoda.org.

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Happy Holidays!

CSAIA 2016 Board of Directors

President Karla Beler President Elect Steven Welch Secretary Karen Sherwood Treasurer Tim McFadden

Rick Barton Sabrina Ostberg

Marty Amaro

Dr. Margie Jessen DNP Dustin Bruzee Richard Nickel

Registration at the 2014 Spring Conference in Shell Beach, CA.

Membership is now on a

12 month annual cycle!

Watch your e-mail for an

electronic notification to

renew your membership.

RENEW ON-LINE! Annual

membership is $50.00.

You must renew to

continue to have access

to the Members Area on

the website and to

continue to receive

information by mail!!

About our

Membership

CSAIA PHONE NUMBER:

(951) 290-8261

http://www.csaia.org

California Sexual Assault Investigators Association

712 Bancroft Rd. #151Walnut Creek, CA 94598

Top left to right: Sabina Ostberg, Karen Sherwood, Steven Welch, Richard Nickel, and Dustin Bruzee

Bottom left to right: Rick Barton, MJ Jessen, Tim McFadden, Karla Beler, and Marty Amaro