TAP JURY TRIALS

Trial Advocacy Project

Mr. Aune has completed jury trials as volunteer prosecutor for the Los Angeles City Attorney's Office through the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP). TAP Attorneys serve as deputized Los Angeles City Attorneys and prosecute misdemeanor criminal jury trials through prosecutorial agencies such as the Los Angeles City Attorney's Office and the Los Angeles District Attorney's Office.

Mr. Aune has prosecuted misdemeanor jury trials for the Burbank City Attorneys Office, the Los Angeles City Attorney's Office (Central Trials) and the Pacific Branch of the Los Angeles City Attorney's Office. Mr. Aune's jury trials have taken place at Los Angeles County Superior Court's Airport Courthouse, the Alhambra Courthouse, and the Clara Shortridge Foltz Criminal Justice Center in Downtown Los Angeles. Mr. Aune has also appeared as a TAP Attorney for cases at the Pasadena Courthouse through the Burbank City Attorneys Office.

Mr. Aune has prosecuted misdemeanor jury trials for the Burbank City Attorney's Office, the Los Angeles City Attorney's Office (Central Trials) and the Pacific Branch of the Los Angeles City Attorney's Office. Mr. Aune's jury trials have taken place at Los Angeles County Superior Court's Airport Courthouse, the Alhambra Courthouse, and the Clara Shortridge Foltz Criminal Justice Center in Downtown Los Angeles, and the El Monte Courthouse. Mr. Aune has also appeared as a TAP Attorney for cases at the Pasadena Courthouse through the Burbank City Attorney's Office.

THREE (3) DAY JURY TRIAL COMPLETED TO VERDICT

DATES: JANUARY 6, 7, and 8, 2020

Mr. Aune completed a three (3) Day Criminal Jury Trial to Verdict at the Airport Courthouse (LAX). Mr. Aune, as a Volunteer Prosecutor/Deputized Los Angeles City Attorney and on behalf of The People of the State of California, obtained the Verdict of Guilty as to Four (4) Separate Counts of Resisting a Police Officer, California Penal Code Section 148(a). The crime was committed against four different Los Angeles World Airports Police Officers. The Defendant was represented by the Law Offices of Los Angeles County Public Defender.

Mr. Aune tried the case as Volunteer Prosecutor (Pro Bono Publico Prosecutor)/Deputized Los Angeles City Attorney through the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP).

Case Name: The People of the State of California v. Fisher.

Case No.: 9AR00556.

The crimes occurred at the Los Angeles International Airport (LAX), which is part of the Los Angeles World Airports (LAWA) system. Specifically, the crimes occurred at the Tom Bradley Terminal at LAX.

The Jury reached a verdict of Guilty against the Defendant on all four (4) counts of violation of Penal Code Section 148(a) of Resisting, Obstructing, or Delaying a Peace Officer in the performance or attempted performance of his duties as to four (4) different LAX Police Officers. The crime occurred when the four Officers were detaining and arresting the Defendant. The jury was required to find the Defendant guilty beyond a reasonable doubt, the highest standard of proof in the American justice system, which it did, and all 12 jurors had to vote unanimously, as they did 12-0.

Thus, Mr. Aune obtained a verdict of Guilty as to four different counts Penal Code Section 148(a) of Resisting, Obstructing, or Delaying a Peace Officer,
which were committed against four different Police Officers.

The jury reached a verdict of Not Guilty as to Battery on Police Officer No. 1 in violation of Penal Code Sections 242, 243(b).

Thank you for the service of the 12 jurors who were selected to make up the jury, including the two alternate jurors, the prospective jurors who participated in the trial jury panel, and the approximately 40 prospective jurors selected from the venire, the jury pool, and who were assigned to Dept. 90 on January 6, 2020 as part of their jury service.

During jury selection Mr. Aune had a motion "for cause" to exclude a jury GRANTED by the Court outside the presence of the jury.

Opening statements were made by Mr. Aune and the Defense on Tuesday, January 7.

On January 7 The People's Case-in-Chief, Defendant's Case-in-Chief, and the People's Rebuttal of Defendant's Case-in-Chief were completed.

The People called two witnesses on its Case-in-Chief. The two witnesses were the Arresting Officer, Officer 1, and the Officer who had first contact with
the Defendant when the incident began.. The People also put on evidence of a video/audio cell phone recording a paparazzi made with his cell phone during the incident. The People played approximately 10 minutes and 30 seconds of the video during its Case-in-Chief. There was testimony that the cellphone video was made by a paparazzi who frequents LAX.

Closing Arguments were completed by Mr. Aune and Defense Counsel on January 8, 2020.

The jury deliberated for approximately one hour before reaching its verdict.

After the jury was released the Defendant was sentenced, The People and the Defense provided proposed sentences to the Court and then the Court ordered the
Defendant's sentence.

Case: The People of the State of California v. Fisher
Case No.: LAX 9AR00556-01
Judge: Hon. Christopher W. Dybwad
Dept: W90
Court: Airport Courthouse (LAX)
11701 S. Cienga Blvd., Los Angeles, CA 90045

SEVEN (7) DAY JURY TRIAL COMPLETED TO VERDICT

DATES: DECEMBER 12, 13, 16, 17, 18, 19, and 20, 2019.

Mr. Aune completed a Seven (7) Day Criminal Jury Trial to Verdict at the El Monte Courthouse in Los Angeles County, California. Mr. Aune tried the case as Volunteer Prosecutor (Pro Bono Publico Prosecutor) /Deputized Los Angeles Deputy City Attorney through the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP). As a Pro Bono Prosecutor/Volunteer Los Angeles Deputy City Attorney Mr. Aune represented The People of the State of California in this criminal jury trial.

On December 20, 2019, completed to jury verdict a seven (7) day Criminal Jury Trial at the El Monte Courthouse in Los Angeles County. The Jury Trial took place on December 12, 13, 16, 17, 18, 19 and 20. The jury's verdicts were not guilty for Sexual Battery and the lesser included offense of Battery under California Penal Code Section 242. The Defendant was charged with the crime of Sexual Battery, a violation of California Penal Code Section 243.4(e)(1). The jury needed to find the Defendant guilty beyond a reasonable doubt, which is the highest standard of proof in a court of law.

Thank you for the service of the 12 jurors who were selected to make up the jury, including the two alternate jurors, the prospective jurors who participated in the trial jury panel, and the approximately 42 prospective jurors selected from the venire, the jury pool, and who were assigned to Dept. 4 on December 12,13 and 16 as part of their jury service.

On December 11 The People's and the Defendant's California Evidence Code Section 402 motions, motions in limine to exclude or admit evidence outside of the jury's presence, were heard at the El Monte Courthouse following the case being sent out for jury trial from the Airport Courthouse (LAX). Mr. Aune argued for the Prosecution's motions and Defense Counsel Fay Arfa argued for the Defendant.

Voir Dire, jury selection, took place on December 12, 13, and 16 with the jury being empaneled and sworn in on December 16.

Opening statements were made by The People and the Defense on December 16 also.

On December 17, 18, and 19 The People's Case-in-Chief, Defendant's Case-in-Chief, and the People's Rebuttal of Defendant's Case-in-Chief were completed.

The People called two witnesses on its Case-in-Chief, the Witness and a Los Angeles Police Department Detective. The People also put on evidence of a video/audio cell phone recording the Witness made with her cell phone during the incident without the Defendant's. knowledge

The Witness's cell phone video/audio recording was admissible evidence because the Court GRANTED The People's Evidence Code Section 402 Motion to admit the recording. California Penal Code Section 632(a) is a statutory prohibition against the recording of a confidential communication without the consent of all parties. Per the statute, evidence obtained in violation of Section 632 is inadmissible in any proceeding. Penal Code 632(d). However, because the recording was (1) made by a crime witness serendipitously while the crime was being committed, and (2) the witness was not acting as a government agent or officer when the recording was made, the recording was admissible evidence. See People v. Algire (2013) 222 Cal.App.4th 219 and the Truth-in-Evidence provision of Article I, Section 28, subdivision (f)(2) of the California Constitution.

After the close of the Prosecution's Case-in-Chief the Defendant made a Motion to Dismiss for Insufficient Evidence based upon California Penal Code Section 1118.1 ("Motion to Dismiss"). Defense counsel made and argued the Motion for the Defendant. Mr. Aune argued against the Motion for the Prosecution/The People on the grounds that The People's Case-in-Chief introduced sufficient evidence to prove a prima facie case of Sexual Battery. The Court denied the Defendant's Motion to Dismiss and as a result the case could go to the jury for a verdict. The Defendant's Motion to Dismiss and the attorneys' oral arguments were made outside the presence of the jury.

The Defendant then presented his Case-in-Chief. The Defendant called four witnesses in his Case-in-Chief including a Character Witness under California Evidence Code Section 1102. Mr. Aune cross-examined the Character Witness subject to rules governing cross-examination a defendant's character witness in a criminal action.

Approximately 28 exhibits were entered into evidence during the trial, including (1) a cell phone audio/video recording taken by the witness at the crime scene, and (2) surveillance footage taken at the crime scene at a commercial building on Olympic Boulevard in Los Angeles.

Closing Arguments were made by Mr. Aune and Defense Counsel on December 19 and 20.

The Jury Trial took place at the El Monte Courthouse in Los Angeles County after being sent out from the Airport Courthouse (LAX), Superior Court of California - Los Angeles County, which is where the Los Angeles City Attorney's Office originally filed the Criminal Complaint.

Mr. Aune prosecuted the case as a Pro Bono Prosecutor (pro bono publico prosecutor)/Volunteer Los Angeles Deputy City Attorney through the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP). As a Pro Bono Prosecutor/Volunteer Los Angeles Deputy City Attorney Mr. Aune represented The People of the State of California in this criminal jury trial.

Case: The People of the State of California v. Njokom
Judge: Hon. Ruben N. Garcia
Dept: 4
Court: El Monte Courthouse
11234 East Valley Blvd., El Monte, CA 91731
Judge: Hon. Christopher W. Dybwad
Dept: W90
Court: Airport Courthouse (LAX)

11701 S. Cienga Blvd., Los Angeles, CA 90045
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt, that standard of proof in a criminal case in a California, in a court of law.

THREE (3) DAY JURY TRIAL COMPLETED TO VERDICT

DATE: September 10, 11, 12, and 16, 2019

Mr. Aune Completed Three (3) Day Criminal Jury Trial to Verdict at the Airport Courthouse in Los Angeles, California. Mr. Aune tried the case as a Pro Bono Prosecutor/Volunteer Los Angeles Deputy City Attorney through the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP). As a Pro Bono Prosecutor/Volunteer Los Angeles Deputy City Attorney Mr. Aune represented The People of the State of California in this criminal jury trial.

The People called 5 witnesses in its case-in-chief against the defendant. The People called the victim and his two-coworkers, and also two City of Los Angeles Police Officers. The defendant took the stand and testified in the Defendant's case-in-chief. The People entered 16 exhibits into evidence.

After the People completed their case-in-chief the Defendant made a Motion to Dismiss for Insufficient Evidence based upon California Penal Code section 1118.1 ("Motion to Dismiss"). The Court denied the Defendant's Motion to Dismiss and as a result the case could go to the jury for a verdict.

The case went to the jury with the Defendant being charged with Two Counts for his alleged assault and battery of his co-worker, the victim in this case. The charges were (I) Assault by any means of force likely to produce great bodily injury (PC Section 245(a)(4); and (II) Battery (PC Section 242).

The jury deliberated on September 12 and September 16 before reaching a verdict of not guilty.

Court: Airport Courthouse
11701 S. Cienga Blvd., Los Angeles, CA 90045
Los Angeles City Attorney's Office:
Pacific Branch
11701 S. Cienga Blvd., Room 430, Los Angeles, CA 90045
Case: People of the State of California v. McCullum, Case No. 9AR00692
Judge: Honorable William L. Sadler.
Dept: 71

EVIDENTIARY HEARING - MOTION TO SUPPRESS EVIDENCE

Date: November 28, 2017

Successfully opposed Defense's Motion to Suppress Evidence of narcotics, crystal methamphetamine, that a Los Angeles Airport Police (LA Airport PD) Officer discovered in Defendant's possession after stopping the Defendant for trespassing on Los Angeles World Airports (LAX) Property.

Issues involved (1) the initial stop of the Defendant, (2) the police officer's pat-down search of the Defendant based upon the officer's reasonable belief that the Defendant was armed and dangerous, and (3) the warrantless search of the Defendant's pant's pocket where the crystal methamphetamine was located.

I appeared as a pro bono prosecutor representing the People of the State of California (the "People") through the Los Angeles City Attorney's Office's Pacific Branch and the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP). The People successfully opposed the Los Angeles Public Defender's Office California Penal Code Section 1583.5 Motion to Suppress Evidence.

Court: Airport Courthhouse
11701 S. Cienga Blvd., Los Angeles, CA 90045
Los Angeles City Attorney's Office:
Pacific Branch
11701 S. Cienga Blvd., Room 430, Los Angeles, CA 90045
Case: People of the State of California v. White, Case No. 7AR0105
Judge: Honorable Mark T. Zuckman
Dept: 93

Defense moved to suppress evidence regarding the LA Airport PD stopping and searching a suspect in the area of 9714 Glasgow Place, Los Angeles, California. The suspect was stopped by the police for trespassing on private property. The stop, search, and arrest were made on Los Angeles Airport property without a warrant. During a cursory pat-down search of the Defendant the arresting officer discovered crystal methamphetamine on the Defendant's person.

The People had the arresting office testify at the hearing. The People and the Defense entered exhibits into evidence. Following the hearing he Court held that the police officer's search was proper because (1) There was reasonable cause to detain the Defendant and (2) the Terry pat-down of the Defendant was justified. Defendant has been charged with Possession of Controlled Substance (Methamphetamine), California Health and Safety Code Section 11377.

FOUR (4) DAY JURY TRIAL COMPLETED TO VERDICT

Date: November 14, 2017 - November 17, 2017

Completed four day criminal jury trial as a volunteer prosecutor through the Los Angeles City Attorney's Office and the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP). The Defendant was charged with Battery (California Penal Code Section 242) .The Defendant was represented by the Los Angeles County Public Defender.


Case Name: The People of the State of California v. Gilmore
Case No: 7CJ09141
Court: Michael Antonovich Antelope Valley Courthouse
Los Angeles Superior Court - North District
On November 14, 2017 the case was sent out for
jury trial from theClara Shortridge Foltz Criminal
Justice Center - Central District.
Los Angeles Superior Court
Judge: Hon. Shannon Knight


The jury returned a verdict of Not Guilty on the single count of Battery. The jury deliberated for approximately 3 hours. Deliberations were stopped at one point to address a hung jury issue. Both the People and the Public Defender requested that the Court order the jury to continue deliberating.


Defendant was charged with beating an elderly male victim at a bus stop in the Chinatown area of Los Angeles while the victim and his wife were waiting for their bus to arrive on a Sunday afternoon. The People called three witnesses, the victim, his wife and a Los Angeles Police Department Officer who made the arrest. The Defendant took the stand for his defense.


During jury selection the Court denied the Defense's race based Batson-Wheeler motion after the People used a peremptory challenge to exclude a juror who was African-American, the same race as the Defendant. The Court denied the Batson-Wheeler motion because there was another potential juror who was African American, the juror stated during jury selection that he felt the system treated his daughter unfairly when she was convicted of a DUI, and that the People argued the same in their challenge for cause regarding the same juror.


During the trial the Court granted the People's California Evidence Code Section 402 Motion to Preclude the Defense's Expert for Testifying at Trial.

THREE (3) DAY JURY TRIAL COMPLETED TO VERDICT

Date: February 14, 2017 - February 16, 2017.

Obtained Jury Verdict of Guilty As A Volunteer Prosecutor For The Los Angeles City Attorney's Office

Obtained a jury verdict of Guilty for the crime of Violation of Court Order - Protective Order or Stay Away Order (Penal Code Section 166(c)(1)) as a volunteer prosecutor for the Los Angeles City Attorney's Office through the Los Angeles County Bar Association Trial Advocacy Project. The jury trial took place at Central Trials in Downtown Los Angeles at the Clara Shortridge Foltz Criminal Justice Center.

Case Name: The People of the State of California v. Pazos.
Case No: 7CJ01746
Court: Clara Shortridge Foltz Criminal Justice Center
Los Angeles Superior Court
Judge: Hon. Deborah S. Brazil

Completed three (3) day Criminal Jury Trial as a Pro Bono Prosecutor for the Los Angeles City Attorney's Office through the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP). The Defendant was represented by the Los Angeles County Public Defender.

The jury returned a verdict of guilty for the charge of Violation of Court Order - Protective Order or Stay Away Order (California Penal Code Section 166(c)(1)) :

Defendant and Victim have one child together. A Criminal Protective Order-Domestic Violence was issued on March 29, 2016 as a result of Defendant's 2016 conviction in a domestic violence case. On January 11, 2017, Defendant went to the Victim's home and violated the Criminal Protective Order-Domestic Violence by coming within one-hundred (100) yards of the Victim.

The People's Complaint also contained the charge of Trespass:Entry Into Dwelling (California Penal Code Section 602.5). However, the Victim did not appear at the trial to testify and The People had to dismiss the charge as a result.

The University of Southern California (USC) Sol Price School of Public Policy published the results of this TAP trial in its April 2017 edition of "Alumni in Action." Please see the hyperlink below. Mr. Aune received his Master of Health Administration (MHA) degree from the USC Price School of Public Policy in December 1999.

USC Sol Price School Of Public Policy

Jan T. Aune, MHA `99, completed a three day Criminal Jury Trial as a Pro Bono Prosecutor for the Los Angeles City Attorney's Office through the Los Angeles County Bar Association (LACBA) Trial Advocacy Project (TAP). The Defendant was represented by the Los Angeles County Public Defender and Jan obtained a jury verdict of "Guilty" for the crime of Violation of Court Order.

Assigned to serve as a volunteer prosecutor through the Los Angeles Office of the City Attorney to conduct jury trials at the Clara Shortridge Foltz Criminal Justice Center located at 210 West Temple Street, Los Angeles, CA 90012.

COMPLETED THE LOS ANGELES COUNTY BAR ASSOCIATION'S TRIAL ADVOCACY PROJECT'S TRADITIONAL PROGRAM

NOVEMBER 9, 2016 TO DECEMBER 15, 2016

On December 15, 2016, completed the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project's (TAP) Traditional Program. Assigned to serve as a volunteer prosecutor through the Los Angeles Office of the City Attorney to conduct jury trials at the Clara Shortridge Foltz Criminal Justice Center located at 210 West Temple Street, Los Angeles, CA 90012.

FOUR (4) DAY JURY TRIAL COMPLETED TO VERDICT

September 26 - September 30, 2016.

Completed Four (4) Criminal Jury Trial As A Volunteer Prosecutor For the Burbank City Attorney's Office

LACBA Trial Advocacy Project Four (4) Day Criminal Trial
The People of the State of California v. Fherman
Location: Alhambra Courthouse, Los Angeles Superior Court
Judge: Hon. Rupa S. Goswami

Completed four (4) day Criminal Jury Trial as a Pro Bono Prosecutor for the Burbank City Attorney's Office through the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP).

Father was charged with committing the following crimes against his 17 year-old daughter: (1) Inflicting Physical Punishment on a Child (Pen. Code Section 273d(a), (2) Child Abuse (Pen. Code Section 273a(b) and (3) Simple Battery (Pen. Code Section 242). Defendant was represented by the Los Angeles County Public Defender's Office.

FOUR (4) DAY JURY TRIAL COMPLETED

JUNE 21 - 24, 2016.

Trial Advocacy Project (TAP) - Los Angeles County Bar Association (LACBA)

Completed four (4) day criminal jury trial as a pro bono publico (volunteer) prosecutor for the Los Angeles City Attorney's Office Pacific Branch through the Los Angeles County Bar Association's (LACBA) Trial Advocacy Project (TAP).

Defendant was charged with Grand Theft and Petty Theft. Incident occurred at a Transportation Security Administration (TSA) Passenger Screening area at the Los Angeles International Airport (LAX). The arrest was made by the LAX Police.
After the People completed their case-in-chief the Court granted the Los Angeles City Public Defender's Office's California Penal Code section 1118.1 motion to dismiss for insufficient evidence based upon the arguments of the Court and the Public Defender's Office. The People vehemently opposed the motion. The Court held that there was not sufficient evidence to show that the defendant had the specific intent to commit the theft.

Court: Los Angeles Superior Court
Airport Courthouse
11701 S. La Cienega Blvd.
Los Angeles, CA 90045
Judge: Hon. Yvette Verastegui presiding.
Dates: June 21, 22, 23 and 24, 2016

COMPLETED LOS ANGELES COUNTY BAR ASSOCIATION'S TRIAL ADVOCACY PROJECT'S (TAP) INTRODUCTORY PROGRAM

JANUARY 2016


Completed The Los Angeles County Bar Association (LACBA) and Trial Advocacy Project's (TAP) three week Introductory Trial Advocacy Program (i-TAP). Completed a mock criminal driving under the influence trial as the prosecution representing the People of the State of California.

TWO DAY (2) DAY JURY TRIAL COMPLETED TO VERDICT

March 23-24, 2015.

Completed two-day criminal jury trial as a volunteer prosecutor for the Los Angeles City Attorney's Office, Pacific Branch. Trial was conducted at the Airport Courthouse-West District, Los Angeles County.

Court: Los Angeles Superior Court
Airport Courthouse
11701 S. La Cienega Blvd.
Los Angeles, CA 90045
Judge: Hon. Deborah S. Brazil
Dates: March 23-24, 2016

COMPLETED THE LOS ANGELES COUNTY BAR ASSOCIATION'S TRIAL ADVOCACY PROJECT'S TRADITIONAL PROGRAM

SEPTEMBER 20 , 2012 TO NOVEMBER 1, 2012


In November 2012 Mr. Aune completed the Los Angeles County Bar Association's (LACBA) Traditional Trial Advocacy Project ("Traditional TAP") and qualified as volunteer prosecutor for the LACBA TAP. The Traditional TAP session began on September 20, 2012 and ended on November 1, 2012. Following the completion of the Traditional TAP Program Mr. Aune was assigned to complete his TAP Practicum and serve as a volunteer prosecutor through the Burbank City Attorney's Office. Mr. Aune continues to volunteer for jury trials as a TAP Attorney for the Burbank City Attorney's Office.

The Traditional TAP program is a unique, two-part course where attorneys receive comprehensive, in-depth trial advocacy training an actual trial experience. Upon completion of Traditional TAP, attorneys have the opportunity to try criminal misdemeanor jury trials as volunteer prosecutors for prosecutorial agencies statewide.