Statute of Limitations:
On February 14, 2011 the Defendants submitted numerous falsified pieces of evidence and declarations to a federal court in a civil case in order to further their crimes and their crime of conspiracy.
This act of would have pushed the statute of limitations to initiate a prosecution of the defendants criminally to at least February 14, 2014 in both state and federal courts. Given the number of offenses which would exceed an 8 year state prison sentence the statute of limitation would increase to 6 years after the last over act which would be February 14, 2017 in state court.
Click on File to view entire Document
ex_cd125_shermans_declaration_https___ecf.cand.uscourts.gov_cgi-bin_show_temp.pl_file_7176312-0--5218.pdf | |
File Size: | 195 kb |
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On April 4, 2011 Santa Clara DA Jeff Rosen falsely claimed that he did not receive evidence, specifically email attachments, that established that the Palo Alto Police edited and falsified the audio/video recordings.
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rosen.pdf | |
File Size: | 484 kb |
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Here are the email attachments that proved the allegations:
Statute of limitations:
SB-951 Statute of limitations: conspiracy.
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature in enacting this act to abrogate People v. Milstein (2012) 211 Cal.App.4th 1158 to the extent that it holds that prosecution for the crime of conspiracy to commit a felony must commence within three years. This measure is not intended to undermine the proposition that the period of limitation for conspiracy commences to run with the last overt act committed in furtherance of the conspiracy.
SEC. 2.
Section 801.7 is added to the Penal Code, to read:
801.7.
Prosecution for conspiracy to commit a crime felony pursuant to Section 182 shall be commenced within the time required for the commencement of prosecution for the underlying crime.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB951
PC 803.
(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
(b) The time during which prosecution of the same person for the same conduct is pending in a court of this state is not a part of a limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93
(2) A violation of Section 72, 118, 118a, 132, 134, or 186.10.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=3.&part=2.&chapter=2.&article=
PC 801.7.
(a) Notwithstanding Section 801 or any other law, prosecution for a felony offense described in Section 502 shall be commenced within three years after discovery of the commission of the offense, or within three years after the offense could have reasonably been discovered, provided, however, that in any case a complaint shall not be filed more than six years after the commission of the offense.
(b) This section applies to crimes that are committed on or after January 1, 2022, and to crimes for which the statute of limitations that was in effect prior to January 1, 2022, has not elapsed as of January 1, 2022.
(Added by Stats. 2021, Ch. 206, Sec. 1. (AB 1247) Effective January 1, 2022.)
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=3.&part=2.&chapter=2.&article=
PC 800.
Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more shall be commenced within six years after commission of the offense.
(Amended (as amended by Stats. 2011, Ch. 39, Sec. 24) by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 11. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=3.&part=2.&chapter=2.&article=
Federal Statue of Limitations
652. Statute of Limitations for Conspiracy
Conspiracy is a continuing offense. For statutes such as 18 U.S.C. § 371, which require an overt act in furtherance of the conspiracy, the statute of limitations begins to run on the date of the last overt act. See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). For conspiracy statutes which do not require proof of an overt act, such as RICO (18 U.S.C. § 1961) or 21 U.S.C. § 846, the government must allege and prove that the conspiracy continued into the limitations period. The crucial question in this regard is the scope of the conspiratorial agreement, and the conspiracy is deemed to continue until its purpose has been achieved or abandoned. See United States v. Northern Imp. Co., 814 F.2d 540 (8th Cir. 1987); United States v. Coia, 719 F.2d 1120 (11th Cir. 1983), cert. denied, 466 U.S. 973 (1984).
An individual's "withdrawal" from a conspiracy starts the statute of limitations running as to that individual. "Withdrawal" from a conspiracy for this purpose means that the conspirator must take affirmative action by making a clean breast to the authorities or communicating his or her disassociation to the other conspirators. See United States v. Gonzalez, 797 F.2d 915 (10th Cir. 1986).
https://www.justice.gov/archives/jm/criminal-resource-manual-652-statute-limitations-conspiracy