The sexual assault happened around 12:30 p.m. The woman had been working in her office when a man allegedly grabbed her. He dragged her to the basement where she was raped, according to a community crime alert. The department was not told which building the reported rape took place.
Public safety deputies were notified of the rape by a mandated reporter shortly before 3 p.m. on Friday. The woman declined to give a statement about the assault to the department.
No further description was provided of the man.
— Palo Alto Weekly staff
Court to hear appeal of ex-jail guards' overturned murder convictions
The California Supreme Court has agreed to hear an appeal regarding the overturned convictions of three former sheriff's employees who murdered an inmate who had mental illness in the Santa Clara County Jail. On Wednesday, the court granted the petition by the state Attorney General's Office that is seeking a reversal of an Appeal Court opinion, which overturned the second-degree murder convictions of former correctional officers Matthew Thomas Farris, Jereh Catbagan Lubrin, and Rafael Rodriguez. The three men were found guilty in 2017 for the beating death of Michael Tyree.
Tyree, 31, was booked into county jail on July 11, 2015, for an alleged violation related to his probation for a misdemeanor drug possession that was being monitored in the Santa Clara County Superior Court's mental health court and a petty theft charge. He was placed with the general jail population instead of the acute psychiatric ward, according to court records.
The former jail guards were each sentenced to 15 years to life in prison.
Their attorneys appealed the conviction, claiming the primary legal theory prosecutors used had been invalidated in 2018 by changes in state law.
At the three men's original trial, the court's instructions gave the jury two alternative theories regarding second degree murder, Goethals noted. The first involved implied malice murder in which each defendant acted with malice aforethought to cause Tyree's death. The alternative theory involved a second-degree murder based on an aggravated assault or an assault under color of authority during which a person in each defendant's position would have known that murder was a "natural and probable consequence" of such an assault.
The state Attorney General's Office argued the jury was also instructed with a still-valid theory of second-degree murder liability — implied malice murder — and any error arising from the trial court's instructions on the natural and probable consequence theory was harmless. Goethals disagreed.
The court has deferred further action in the case until consideration and disposition of a related issue in another case or until the court orders the hearing to resume.
— Sue Dremann
Judge denies new trail for Sunny Balwani
In another twist to the continuing saga of the trials of Theranos founder Elizabeth Holmes and her former business partner and lover, Ramesh "Sunny" Balwani, a federal judge denied Balwani's request to join in Holmes' efforts to obtain a new trial.
Both Holmes and Balwani have been convicted of wire fraud based on their false and misleading statements about Palo Alto-based Theranos' supposedly world-changing blood-testing technology.
Holmes was tried first on 12 charges of wire fraud and conspiracy. In January, a jury convicted her of four counts related to Theranos investors and acquitted her of four counts related to patients who underwent Theranos' lab tests.
The remaining four counts against Holmes were dismissed — three because the jury could not reach a verdict and one because the prosecution failed to make various disclosures about its evidence.
Balwani was convicted in July of all 12 charges.
Earlier this month, U.S. District Judge Edward Davila granted Holmes' request for an evidentiary hearing on her motion for a new trial.
The motion is based on an unusual post-trial conversation between key prosecution witness Adam Rosendorff and Holmes' partner, William Evans, at the couple's residence.
After the judge scheduled a hearing, Balwani asked to participate in the hearing, saying that Rosendorff's alleged change of heart also provides a basis for a new trial in Balwani's case.
But Davila, in a two-page order, rejected Balwani's effort out of hand.
The evidentiary hearing in the Holmes case is set for Oct. 17.
— Susan Nash / Bay City News Foundation
This story contains 732 words.
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