poster child<\/a> in the prosecutor\u2019s fight against a visa waiver program that allows Chileans into the United States without a background check.<\/p>\nCassidy had earlier declared that a June 2024 news release issued by Spitzer had violated the California Racial Justice Act. The release announced burglary charges against Navarretecorvalan, 32, and an accomplice and derided the U.S. Department of Homeland Security for not dropping Chile from the visa waiver program because Chilean burglary crews were invading the United States.<\/p>\n
Angulo, in an interview Friday said, \u201cI\u2019m grateful the court gave a remedy that addresses the Racial Justice Act violation.\u201d<\/p>\n
Spitzer, however, said the last word is yet to come.<\/p>\n
\u201cWe will appeal this case all the way to the United States Supreme Court if we have to, because race must never enter into the equation of prosecution and race must not be allowed to be used as a way to escape accountability,\u201d he said. \u201cThe judge made an error in the law, and this is clearly not a Racial Justice Act case.<\/p>\n
\u201cThe prosecution of organized crime rings is a core function of public safety, and it is beyond disturbing that there is any attempt to violate the First Amendment and prevent me from carrying out my sworn duty to protect public safety,\u201c Spitzer added.<\/p>\n
In his 2024 news release, Spitzer warned, \u201cInstead of holding Chile accountable and preventing a direct pipeline for organized crime to shuttle thieves into the United States, (then) Secretary (Alejandro) Mayorkas\u2019 inaction is resulting in Americans continuing to be terrorized by criminals who are stalking them in their houses and waiting for the perfect moment to break their back sliders and steal their most prized possessions.\u201d<\/p>\n
In 2022, 350,000 Chilean nationals entered the United States through the ESTA visa waiver program without background checks, the release said.<\/p>\n
Spitzer\u2019s news release detailed charges against Navarretecorvalan and Alejandro Tobarfuentes for allegedly stealing a safe, jewelry and designer bags from a San Juan Capistrano home and causing a wrong-way collision while fleeing police. Navarretecorvalan was the alleged driver. Both men had entered the country through the ESTA program and possessed forged identification cards identifying them as Venezuelans.<\/p>\n
Navarretecorvalan is awaiting trial. Tobarfuentes pleaded guilty to felony first-degree burglary and escaped for a short time from a state prison camp in Los Angeles before he was recaptured.<\/p>\n
The Racial Justice Act, enacted in California in 2020, prohibits bias toward a defendant based on race, ethnicity or national origin. It doesn\u2019t matter the degree of bias, only that it was shown to exist. The law has a lower legal standard for proving bias, which is \u201cby a preponderance of evidence.\u201d<\/p>\n
In court documents, Angulo said Spitzer highlighted Navarretecorvalan\u2019s nationality in tirades against shortcomings in the visa waiver program. This was despite the fact, Angulo said, that Navarretecorvalan\u2019s status as a Chilean national had nothing to do with whether he was guilty of burglary.<\/p>\n
Spitzer\u2019s comments made it appear to the public and potential jurors that Chilean nationals are deceptive and that those who commit crime are worse than domestic criminals, Angulo said in court documents.<\/p>\n
The Navarretecorvalan case isn\u2019t the first time that Spitzer has run afoul of the Racial Justice Act. In 2022, a judge ruled that Spitzer showed racial bias in comments he made in a closed-door meeting to decide whether to seek the death penalty against a Black defendant, Jamon Buggs<\/a>, in a double murder case. Both victims were White.<\/p>\nSpitzer asked about the race of Buggs\u2019 former girlfriends and said he \u201cknows many Black people who enhance their status by only dating \u2018White women,\u2019 \u201d according to internal district attorney memos. The defense said Buggs mistook one of the victims for an ex-girlfriend.<\/p>\n
Spitzer decided not to pursue the death penalty, and Buggs was convicted and sentenced to life in prison. No remedy was issued for the racial bias violation in the Buggs case since Spitzer had already taken the death penalty off the table.<\/p>\n","protected":false},"excerpt":{"rendered":"An Orange County judge has reduced the potential sentence for a Chilean national accused of burglary after earlier…\n","protected":false},"author":2,"featured_media":358687,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36],"tags":[163,165,164,766,7,179,100,611,1492,2034,136],"class_list":["post-358686","post","type-post","status-publish","format-standard","has-post-thumbnail","category-anaheim","tag-anaheim","tag-anaheim-headlines","tag-anaheim-news","tag-burglary","tag-california","tag-community","tag-news","tag-orange-county","tag-public-safety","tag-todd-spitzer","tag-top-stories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/358686","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=358686"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/358686\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/358687"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=358686"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=358686"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=358686"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}