Weekender Updater: Another Vaxx Bill Moves; Pimp Loses Appeal; Staples Center Trial Set
This weekender you are updatered on: a new vaccination bill headed to the governor's desk; an appellate ruling against a pimp who coincidentally had a girl who met a tragic end; and a trial date being set in a Garden Grove couple's suit against the Staples Center, where their 2-year-old son fell to his death during a Lakers game.
Story: Dr. Sears, OC Republican Legislators Illin' Over Gov. Brown Signing Vaccinations Bill Update: Now that California schoolchildren have been taken care of with legislation signed by the governor to require nearly all of them be vaccinated, the state Senate turned its attention to day care workers and volunteers this week. Senate Bill 792 by Sen. Tony Mendoza (D-Artesia), which passed on a 31-5 vote, would force workers at day care centers across California to be vaccinated against flu, pertussis and measles. It now heads to Gov. Jerry Brown's desk. Concerns about vaccinations arose following an outbreak of measles traced to Disneyland in Anaheim that began in late December and ultimately spread to more than 130 people across this state and more in Arizona, Colorado, Nebraska, Oregon, Utah, Washington state and Mexico. South Orange County is a hotbed for opposition, known as anti-vaxx, to mandatory-vaccination laws.
Update: A three-justice panel of the Fourth District Court of Appeal in Santa Ana affirmed a lower court judge's ruling allowing evidence retrieved from the cell phone of Marsalis Joseph Smith, who pleaded guilty to human trafficking and criminal threats and was sentenced to five years in prison last year. He was the pimp of 17-year-old Aubreyanna Sade Parks, who left a Huntington Beach shelter because she allegedly feared Marsalis would kill her. Parks was killed in February 2014; Larry Soo Shin of Yorba Linda is awaiting trial for her murder. The Marsalis appeal was based on a U.S. Supreme Court ruling prohibiting searches of cell phones without a warrant. Orange County Superior Court Judge Kimberly Menninger decided investigators acted correctly when they retrieved damning evidence from Marsalis' cell phone. The appellate justices ruled that was the right call because Menninger was relying on a state Supreme Court ruling that was in place at the time of the search and was struck down weeks later by the nation's high court. Marsalis' attorney Laura R. Sheppard indicated she will file for a review of the appellate ruling by the state Supreme Court, which will be considering a similar appeal in another case.
Story: Lucas Anthony Tang, 2 y.o Who Died in Fall, Was Not Staples Center's Responsibility: Judge Update: Trial is scheduled to begin Oct. 13 in a Garden Grove couple's case against the Staples Center, where their 2-year-old son fell to his death during a 2010 Lakers game. But before then, a judge in Los Angeles will be asked to exclude plaintiff evidence about a fan's fatal fall during an Aug. 29 baseball game in Atlanta, evidence the defense finds "prejudicial." Lawyers for L.A. Arena Co. and L.A. Arena Funding state in court papers filed Tuesday that there is "no substantial similarity" between the Nov. 21, 2010, death of Lucas Anthony Tang and that of 60-year-old Gregory Kent Murrey, who died after falling from an upper deck of Turner Field onto a lower-level stand during a Braves game. "Additionally, the Atlanta incident occurred at an outdoor baseball stadium, not an indoor basketball arena," the defense attorneys wrote. "Further, unlike the Tang action, the Atlanta incident did not involve a ... child who was placed on top of a beverage bar and was negligently supervised by his mother shortly before the accident occurred." Hoia Mi Nguyen had placed her son on a Staples Center ledge to take a picture at his first Lakers game. And last, sadly.
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