Deputy District Attorney Alan Jackson – DA avoids reporters after violating Marsy’s Law

Deputy District Attorney Alan Jackson reduces possible death penalty case to Manslaughter. The criminal gets six years. DA Jackson avoids the press and blames the detectives

FROM AV PRESS: ‘Something wrong with our justice system’
June 28, 2011

LANCASTER, CA

We know that Deputy District Attorney Alan Jackson is running for the post of district attorney, but Friday he just seemed to be running from our phone calls.  We wanted to know why a Palmdale woman was literally crying to us about the plea-bargain deal her brother’s killer received.

It made no sense.  Joseph Azevedo, an aerospace worker, was murdered 30 years ago, and last year cops nabbed anIndianatruck driver named Christopher Winter and charged him with the crime. But as Valley Press Managing Editor Charles F. Bostwick reported Saturday, prosecutors struck a deal – a guilty plea in exchnge for a sentence of less than 6 years – and family members said they were unaware of it:  “Joseph Azevedo’s sister and nephew said the family was not told about a June 7 hearing in Los Angeles at which Christopher Winter, 55, was sentenced after being allowed to plead no contest to involuntary manslaughter and two counts of receiving stolen property.  

A murder charge carrying a potential death sentence or life in prison was dismissed.  ”Where is the justice? I can’t believe it after all these years,” Esmeralda Tirak of Palmdale said Friday.  “The guilty get away with murder, and the victims” she said, breaking into tears. “I can’t talk anymore.”  Michael Tirak, Azevedo’s nephew, said: “There’s something wrong with our justice system.”  After three decades, the family at least deserved the decency of a phone call to give them a chance to be there. Victims’ families usually speak in court to let the judge know the impact the loss of the loved one has had on friends and family.  

Deputy DA Jackson did not return our calls. A DA spokeswoman said she was told that Joseph Azevedo’s relatives had been informed by an investigator that Winter was expected to enter a plea to reduced charges that would let him avoid the death penalty, though she didn’t know if they had been told the hearing date.  The family members told us they were aware of a hearing and possible plea deal, but it had been postponed and they were never told the new date and a plea “to avoid the death penalty” is far cry from a plea for 6 years.

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Violation of Marsy’s Law – Deputy District Attorney Alan Jackson and Arnold Schwarzenegger have much in common

Deputy District Attorney Alan Jackson and Arnold Schwarzenegger - Republicans Violate Marsy's Law and Give Secret Deals to Murderers. DA Jackson recently released a video saying how he advocates for victims.

Antelope Valley Press Reports ‘Cold Case’ Killer gets six years – This blatant violation of Marsy’s Law by Alan Jackson is similar to that of the former Governor Schwarzenegger who reduced a murder sentence to 7 years without consulting the family.   Shortly after Alan Jackson’s secret deal with a murderer, the Alan Jackson campaign released a video where he champions himself as a victim’s advocate.  We report this illegal and complete disregard for Marsy’s Law.   Justice was never sought nor served when Deputy District Attorney Alan Jackson secretly plea bargained the potential death penalty murder case to manslaughter.  Also of note – the Alan Jackson campaign has already launched an attack on the city Attorney Carmen Trutanich who hasn’t yet officially declared his run for DA.  Carmen Trutanich has a special page on the City Attorney’s website that is dedicated to Marsy’s Law

Antelope Valley Press Reports - Deputy District Attorney Alan Jackson Violates Marsy's Law and Gives a 6 Year Deal to Murderer. DA Jackson blames the detectives.

FROM AV PRESS ‘Cold Case Killer’ gets only six years

By Charles F. Bostwick
Managing Editor 
LANCASTER, CA

Relatives of a Lancaster aerospace worker whose 30-year-old murder was apparently solved last year with the arrest of anIndianatruck driver are dismayed that the ex-convict   apprehended was allowed to plead guilty to reduced charges and sentenced to fewer than 6 years in state prison.  

Joseph Azevedo’s sister and nephew said the family was not told about a June 7 hearing in Los Angeles at which Christopher Winter, 55, was sentenced after being allowed to plead no-contest to involuntary manslaughter and two counts of receiving stolen property.  A murder charge carrying a potential death sentence or life in prison was dismissed.  

“Where is the justice? I can’t believe it – after all these years,” Esmeralda Tirak of Palmdale said Friday.  “The guilty get away with murder, and the victims…,” she said, breaking into tears. “I can’t talk anymore.” 

Michael Tirak, Azevedo’s nephew, said: “There’s something wrong with our justice system.”  Esmeralda Tirak said the family was not invited to speak before the sentencing to give a so-called “victim impact statement,” which is standard practice in California court rooms.  

They had been told that a hearing had been postponed and would be rescheduled, but were never told a new date, she said.  Deputy District Attorney Alan Jackson, a Major Crimes Division prosecutor who is running for District Attorney in 2012, didn’t return calls seeking comment.  

A District Attorney’s spokeswoman said she was told that Joseph Azevedo’s relatives had been informed by an investigator that Winter was expected to enter a plea to reduced charges that would let him avoid the death penalty, though she didn’t know if they had been told the hearing date.  She said the evidence against Winter turned out to be weaker than expected.  

Winter remains in custody in Men’s Central Jail inLos Angelespending his transfer to a state prison.  Joseph Azevedo was a 50-year-old Lockheed Aircraft worker and father of four sons. He had separated from his wife, who moved toPennsylvaniawith one of the boys, but the other three – ages 10 to 20 – were living with him.  Two of the boys found their father dead in their home’s family room after returning from camping at Littlerock Reservoir. 

Family said they had never heard of Winter and he wasn’t anyone Azevedo knew.  Sheriff’s homicide detectives said they believe Winter was burglarizing the Azevedos’ mobile home, in the 42000 block ofSixth Street East, when Winter was surprised to see Joseph Azevedo inside and killed him.  

At the time, Winter was a 25-year-old ex-convict who had been released from prison on parole six months earlier. Winter had been sent to prison in April 1980 on aLos AngelesCountyconviction for armed robbery and possession of a weapon by an ex-felon, state prison records show.  He was sentenced to three years in prison on the first charge and two years on the second, but he was paroled in less than seven months.  Winter was sent back to prison in August 1984 on a two-year sentence for aLos AngelesCountyconviction for burglary, prison records show.  He was released from prison on parole in June 1985 and was discharged from parole in June 1992. 

When Winter’s arrest was announced last November, sheriff’s officials said it was the result of fingerprint and DNA evidence that wasn’t available three decades ago.  Homicide detectives gathered forensic evidence in 1981 and interviewed residents and family members, but no leads were ever produced to identify a suspect, according to a Los Angeles County Sheriff’s Department statement released after Winter’s arrest.

Sheriff’s Cold Case Homicide detectives reopened the case in 2006 and began following several leads that included new fingerprint and DNA analysis. They eventually identified a suspect. However, they did not have enough information to prosecute the case, and the trail ran cold.  The case was reopened in May 2010, and a review of statements made by the suspect and witnesses in addition to modern forensic analysis was able to produce sufficient evidence to charge Winter, sheriff’s officials said.  

Detectives learned that Winter had been working as a long-haul truck driver inOhio. Winter was spotted at a distribution center inTipp City,Ohio. FBI agents and Tipp City police arrested him without incident Nov. 6.  Nearly 30 years after a Lockheed Aircraft worker as found shot to death on his family room floor, sheriff’s officials announced that a suspect had been arrested.

Alan Jackson Secretly Violates Marsy’s Law and Ignores the Victims’ Constitutional Rights Under California Law

Deputy District Attorney Alan Jackson Violates Marsy's Law - The Victim's Bill of Rights - Reducing a potential death penalty case, for the shooting of Joseph Azevedo, to manslaughter without notifying the victim's family and further blaming the detective for the oversight.

Deputy District Attorney Alan Jackson Violates Marsy's Law - The Victim's Bill of Rights - Reducing a potential death penalty case, for the shooting of Joseph Azevedo, to manslaughter without notifying the victim's family and further blaming the detective for the oversight.

Yes you can get away with murder, especially in the state of California.  If citizens of the State of California believe they have Constitutional Rights under California Law, they are in for a wake up call.  The Antelope Valley Press reported Deputy District Attorney Alan Jackson, a candidate for the next elected District Attorney of Los Angeles in 2012, violated Marsy’s Law on June 7th 2011.  Jackson reduced a potential death penalty case to manslaughter for the murder of Joseph Azevedo without notifying the victims.  He failed to give the victim’s family a chance to exercise their Constitutional Rights and provide a victim impact statement.  (See original newspaper article here)

Alan Jackson fails to comply with Marsy's Law and allows the shooter to plead from murder to manslaughter without notifying the victim's family.

Alan Jackson fails to comply with Marsy's Law and allows the shooter to plead from murder to manslaughter without notifying the victim's family.

Joseph Azevedo was shot to death and found on his family room floor in a cold case left unsolved.  30 years later the cold case was re-opened when detectives found and matched new forensic evidence leading to the arrest of Christopher Winters who was facing potential death penalty charges or life in prison.  Deputy District Attorney Alan Jackson, from the downtown LA  major crimes division secretly allowed the murderer to plead no contest to involuntary manslaughter and two counts of stolen property.  The victims were not notified and not allowed to give victim witness impact statements.  Murder charges carrying potential death or life in prison were dismissed by Alan Jackson to the shock and dismay of the victim’s family.

Alan Jackson violates the Constitutional Rights of the victim's family and refuses to answer questions.

Alan Jackson violates the Constitutional Rights of the victim's family and refuses to answer questions.

To make matters even more unfathomable,  Jackson refused to answer questions by the Antelope Valley Press and used the District Attorneys office spokesperson to respond – blaming the oversight on the detectives.

Victims to Alan Jackson (Q&A):
1.  Is the detective or the prosecutor ultimately in charge?
2.  If you can’t  uphold Marsy’s Law, why do you think you deserve to be the next District Attorney of Los Angeles County?

Alan Jackson is one of six candidates in the race for the next District Attorney of Los Angeles County in 2012.  Jackson recently released a video claiming to be a champion for victims.  Ironically he is running against 25 year veteran prosecutor and co-author of Marsy’s Law, Deputy District Attorney Steve Ipsen.

Marsy’s Law was written specifically to prevent this exact occurrence.  For years victims have been ignored in court, given no opportunity to speak, no voice and no respect.  Criminals have 36 rights under the law.  After the 2008 passage of Marsy’s Law, victims have 17 rights under the California Constitution.  In this case, Alan Jackson violated the following Marsy’s Rights:

(6) To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.

(7) To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.

(8) To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

It is a tragedy when a family member dies.  The pain is like no other and never subsides.  When a prosecutor like Alan Jackson has complete disregard for the victim’s family and the law, justice is never served.