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RE: [infoguys-list] FW: Expert sought

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  • Tom Eskridge
    I stand corrected. Tom Eskridge Chief Operations Officer High Tech Crime Institute 13400 Wright Cir Tampa FL 33626 866-279-6295 x101 /813-343-0766 x 101
    Message 1 of 13 , Jul 1, 2008
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      I stand corrected.



      Tom Eskridge

      Chief Operations Officer

      High Tech Crime Institute

      13400 Wright Cir

      Tampa FL 33626

      866-279-6295 x101 /813-343-0766 x 101

      Retired Redondo Beach CA PD Lieutenant

      Service Disabled Veteran Owned Business

      www.gohtci.com

      _____

      From: infoguys-list@yahoogroups.com [mailto:infoguys-list@yahoogroups.com]
      On Behalf Of suesarkis@...
      Sent: Monday, June 30, 2008 2:37 PM
      To: infoguys-list@yahoogroups.com
      Subject: Re: [infoguys-list] FW: Expert sought




      Tom -

      I'm sorry but what you stated is totally in reverse of what the law says.
      You may not exclude the advocate[s] but you sure as heck can exclude the
      support person.


      In a message dated 6/30/2008 5:55:23 A.M. Pacific Daylight Time,
      TOM@... <mailto:TOM%40GOHTCI.COM> writes:

      Sue

      As an investigator I DO NOT think that it is a good idea. With that said,
      the section you quote does allow for the removal of an "advocate" from an
      interview. The problem is, that the law also allows a "support person" of
      the
      victims' choice (along with an advocate, so to be clear, she gets an
      advocate and
      support person(s))So while the law allows the ability to remove the
      "advocate" from the interview it does not allow the removal of the "support
      person"
      from an interview.

      679.04. (a) A victim of sexual assault as the result of any offense
      specified in paragraph (1) of subdivision (b) of Section 264.2 has the right
      to have
      victim advocates and a support person of the victim's choosing present at
      any interview by law enforcement authorities, district attorneys, or defense

      attorneys. However, the support person may be excluded from an interview by
      law
      enforcement or the district attorney if the law enforcement authority or the

      district attorney determines that the presence of that individual would be
      detrimental to the purpose of the interview. As used in this section,
      "victim
      advocate" means a sexual assault counselor, as defined in Section 1035.2 of
      the Evidence Code, or a victim advocate working in a center established
      under
      Article 2 (commencing with Section 13835) of Chapter 4 of Title 6 of Part 4.
      (b) (1) Prior to the commencement of the initial interview by law
      enforcement authorities or the district attorney pertaining to any criminal
      action
      arising out of a sexual assault, a victim of sexual assault as the result of
      any
      offense specified in Section 264.2 shall be notified orally or in writing by

      the attending law enforcement authority or district attorney that the victim

      has the right to have victim advocates and a support person of the victim's
      choosing present at the interview or contact. This subdivision applies to
      investigators and agents employed or retained by law enforcement or the
      district
      attorney.
      (2) At the time the victim is advised of his or her rights pursuant to
      paragraph (1), the attending law enforcement authority or district attorney
      shall
      also advise the victim of the right to have victim advocates and a support
      person present at any interview by the defense attorney or investigators or
      agents employed by the defense attorney.
      (c) An initial investigation by law enforcement to determine whether a crime

      has been committed and the identity of the suspects shall not constitute a
      law enforcement interview for purposes of this section.

      Sincerely yours,
      Sue
      ________________________
      Sue Sarkis
      Sarkis Detective Agency

      (est. 1976)
      PI 6564
      _www.sarkispi.com_ (http://www.sarkispi <http://www.sarkispi.com/> .com/)

      1346 Ethel Street
      Glendale, CA 91207-1826
      818-242-2505
      818-246-3001 FAX

      "one Nation under God"

      If you can read this, thank a teacher. If you can read it in English, thank
      a military veteran

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      [Non-text portions of this message have been removed]





      [Non-text portions of this message have been removed]
    • Ricky Gurley
      ... I guess things can get confusing to someone when they work sex in California for a living. It s from working sex in California all those years,
      Message 2 of 13 , Jul 1, 2008
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        --- In infoguys-list@yahoogroups.com, "Tom Eskridge" <TOM@...> wrote:
        >
        > I stand corrected.


        I guess things can get confusing to someone when they "work sex" in
        California for a living. It's from "working sex" in California all
        those years, Tom..... That'll cause the confusion you were
        experiencing on this thread...

        But you are retired from "working sex" now, aren't you Tom?


        I just had to add one more reply to your "unwise choice of words" on
        this thread.

        Okay, I am done.




        Rick.
        http://rmriinc.bestcyberinvestigator.com
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