July 31, 2017 In 1999, Richard Jones was sentenced to a 19-year prison term , convicted of aggravated robbery for purse snatching at a Walmart parking lot. Numerous appeals failed to secure his release though he maintained his innocence throughout his incarceration. However, a new discovery cut two years off his sentence; someone else committed the crime for which Richard was penalized for close to two decades. He gained his release on June 8, 2017, after serving 17 years in custody. Two men told police they picked up the alleged offender, Ricky Amos, also known as ‘Rick,” from the drug house where he lived. They drove to Walmart to commit the robbery. Of course, the names Rick, Ricky and Richard can all be used interchangeably, leaving Richard Jones a target for pinning the robbery. However, that’s not the oddest part of the story; Ricky Amos and Richard Jones are doppelgangers. The two men look strikingly similar with the same facial features, hair and cornrows. Both possess a 6-feet-tall, 200-pound frame and are roughly the same age. In 2015, fellow inmates informed Jones of another inmate that looked just like him with a similar name. Jones connected with the Midwest Innocence Project and the University of Kansas Innocence Project who secured his release. Upon discovering his ‘twin,’ Jones commented that the pieces to the mystery of his conviction fell into place. He understood how authorities could easily confuse him with the actual offender. At his sentencing, Jones was separated from his two young daughters. Finally, in mid-June 2017, Jones reunited with the girls, now women, and met his granddaughter for the first time. Amos has not been charged but is serving time for other crimes. Jones also had a criminal record prior to his incarceration. A GoFundMe page has been setup to help Jones get back on his feet. Kansas does not have a law requiring the state to compensate wrongly convicted individuals for overturned convictions. A wrongful conviction robs the person of years of their life. If you or a loved one have faced wrong imprisonment , contact our legal team today. Larry Bellomo is an Orange County Family Law attorney with over three decades of experience in practice.
July 20, 2017 In 1996, Mary Kay Letourneau and Vili Fualaau relationship made headlines for weeks as the public followed the highly publicized sexual relationship between the teacher and her student. The couple has now announced their separation . At the time, Vili was a 12-year-old student while Mary Kay was a 34-year-old married teacher with her own family and children. She was eventually convicted and sentenced to prison as a result of the relationship. Despite orders to stay apart, their relationship lasted through Mary Kay’s seven-and-a-half-year prison sentence. During said sentence, Mary Kay fathered two children by Vili. They married in 2005. As the pair celebrated their tenth anniversary, Barbara Walters interviewed the family. Vili described that period in his life as challenging and emphasized the lack of support he received. He mentioned that his friends were young and lacked any understanding of how to parent . He appeared to have little if any adult support. Mary Kay spoke of how their marriage was forever blemished because of the way the relationship began, yet she indicated that there was more depth to their relationship. She explained that she did not know if they would ever truly recover from the damage the media did to their relationship. She admitted that the story was huge and that it took on a life of its own. Even so, she emphasized that they have their own personal story that differs from that portrayed by the media. Now, after more than two decades of continued national media attention, a prison sentence, and raising two children, the famous couple has separated. Further reports indicate that Vili and Mary Kay are still committed to being good parents to their two children, Audrey, 19, and Georgia, 18. However, an amended report stated that Vili only separated so that he could pass a background test for a new business venture. Vili told the media that their relationship is fine. Despite the best efforts of couples, marriages sometimes cannot withstand the pressure of internal and external factors. If you are facing a divorce , Orange County divorce lawyer Larry Bellomo can provide you with guidance to ensure that your rights are protected. Contact us today.
July 10, 2017 Following in the steps of other troubled retailers, Gymboree filed for bankruptcy protection in an effort to slash $1 billion of its $1.4 billion in debt. They will stay in business due to an agreement with their lenders as they restructure the organization even borrowing $35 million more to finance operations. Of nearly 1,300 stores branded Gymboree, Crazy 8 and Janie and Jack brands, the chain is expected to close 375 although they haven’t given specific details. Gymboree employs more than 11,000 people; unfortunately, many of those employees will soon be searching for a new job. Gymboree’s struggles of declining mall traffic, inflexible rental costs and the rise of online stores causing financial trouble isn’t new. Payless ShoeSource, Rue21, and The Limited all have faced similar woes. In fact, Credit Suisse predicts that by 2022, up to 25 percent of America’s malls could close. People are shopping online more and more, but online revenue only represents 21 percent of Gymboree’s bottom line . Chief Restructuring Officer James Mesterharm claimed the company’s web systems are outdated, making it difficult for them to keep up in a rapidly changing industry. Gymboree only recently introduced store email, analytics and tablet computers for employees, all evidence that Gymboree lags in innovation. Throughout their financial struggles , Gymboree has endured several key leadership changes. Chief Financial Officer Andy North has been replaced by interim CFO Liyuan Woo. The company’s CEO, Mark Breitbard, resigned and was replaced by Daniel Griesemer, though Breitbard will remain on staff as chairman. New CEO Daniel Griesemer’s statement on the company’s future can be summarized with hopes that the organization can stay up to date and move forward toward long-term growth. Gymboree still posted a profit of $71 million in 2016 though down from $94 million in 2015. Filing for bankruptcy while still profitable cold be the act of saving grace for the future of Gymboree. The changing retail economy has affected individuals and businesses alike, resulting in the need to restructure finances. If you are struggling financially, call us today to see if bankruptcy is right for you. Larry Bellomo is an Orange County Bankruptcy and Family Law Attorney practicing in southern California for over 30 years.
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January 28, 2018 According to an October 27, 2017, announcement, the Los Angeles jeans company, True Religion, exited Chapter 11 bankruptcy with about $357 million less debt, debt maturities extended, cash to implement a growth plan and a positive outlook for the future. The company emerges with a reduced retail footprint and an exit loan of $60 million from Citizens Bank, the same bank that provided the initial cash during the reorganization process. At the peak of the company, True Religion jeans were selling anywhere from $150 to $250 a pair at their nearly 140 stores and online. The brand also sold at upscale department stores, such as Bloomingdales, Saks Fifth Avenue and Nordstrom and at other locations in the U.S., Mexico and South America. Around 2013, True Religion, like many other apparel stores, struggled for success, watching sales decline as it competed with the internet, online shopping and competing discount retailers. The rapid growth in the trend of athletic wear for leisure caused the sales of blue jeans to quickly decline. Behind $192,000 on rent for its California office headquarters and drowning in major debts owed to creditors, manufacturers, U.S. Customs and Border Protection and malls around the country, True Religion filed for bankruptcy on July 5, 2017, in a U.S. Bankruptcy Court in Delaware. At the time of filing, the company had 128 stores in the United States and 11 stores outside the country. The company made some major changes, hiring John Ermatinger as CEO and president and bringing on a new chief marketing officer and a new vice president of sourcing. They also reduced costs, streamlined processes and closed unprofitable stores. John Ermatinger publicly thanked the company’s supporters — consumers, employees, vendors and suppliers — for their ongoing commitment and devotion to True Religion. He expressed his excitement regarding the future of the company, which includes implementing new growth strategies through innovative partnerships, expanding True Religion’s digital presence and refining its marketing operations. You do not have to be a major corporation to file bankruptcy , Like in the case of True Religion, bankruptcy allows individuals to emerge in a better financial position than before. Our legal team can help you navigate through these difficult times.
January 16, 2018 A Fresno State professor who intimidated a pro-life group was ordered to pay $17,000 and attend training on the First Amendment. He was recorded on video in an attempt to harass pro-life students who were drawing with chalk on the sidewalk. He also asked students from his public health class to assist him in his efforts. He claimed they were outside of the campus free speech area, but no such area has existed on campus since 2015. The sidewalk messages suggested pro-life options for students. The president of the club stated that the First Amendment gives students the right to speak on campus. She documented an incident between herself and the professor on video. He can be heard telling her that she is not in a free-speech area. However, she claimed that she had school permission to be there and to be speaking. The professor began erasing the sidewalk messages with his shoe. He told her that she did not understand the areas where free speech was permitted on campus. Alliance Defending Freedom acted as legal representation for the group, the Fresno State Students for Life. The professor must pay $1,000 to the president and $1,000 to another student as well as legal fees. However, he said that the money was paid by his insurance company, so he is not concerned about the legal fees. He does not admit to any wrong actions but is willing to attend the training so that he can learn the opinions and thoughts of others. The president expressed her relief that he will not be able to harass them again and explained that the case was not about winning money. She was extremely surprised at his actions, especially on a public campus. She further opined that professors should encourage and not prohibit free speech. Legal counsel for the pro-life group stated that the professor’s behavior flagrantly violated the First Amendment He added that school officials do not have the right to restrict freedom of speech on campus. The school did not comment about the case. If you believe that your First Amendment rights have been violated, you will need experienced legal representation to defend you. Contact us so that we can discuss your case.
January 5, 2018 The complexities of any divorce include dividing money, property and assets between both parties. While this might not be as complex for a millennial as it is for a couple who has spent their lifetime acquiring possessions, both types of divorce require finding a qualified family lawyer to deal with the personal issues. Legal experts report that stereotypes claim that other generations are more loyal than millennials who don’t really value traditions. She continues that even though they wait to marry, they still place a high priority on the institution. However, she added that they will not tough out a relationship the way their parents did. This by no means makes a divorce any easier for millennials. They feel just as hurt and disappointed as any others who divorce , but their outlook for the future tends to be more optimistic. Although marriage rates in the U.S. continue to decline, divorce rates are also dropping. Millennials delay marriage until later in life, placing an emphasis on education and careers before taking this significant life step. Millennials tend to be more open to diverse relationships, including living together. In the past, prenuptial agreements held a negative connotation as if one of the parties expected the marriage to end. The more-practical millennials, who prioritize acquiring and preserving wealth, see the prenup as a planning tool and communication map to manage financial expectations and interests. Creating a prenup with a lawyer realistically deals with the uncertainty of the future and helps a couple draft specific plans. Millennials choosing to live together instead of marrying can benefit from an attorney’s expertise when drawing up a cohabitation agreement, protecting both parties and their assets in case the relationship ends. When couples know the laws regarding cohabitation , marriage and divorce in their state, they tend to be ready for even unexpected contingencies. Whether a couple plans to cohabitate, marry or file for divorce, planning for a big relationship step helps the individuals prepare for the future, no matter what happens in the marriage. Consulting with a knowledgeable, experienced family lawyer sets up both parties for success.
December 23, 2017 The 32-year-old mother entered the high rise in downtown Memphis as a memory tugged at the far corners of her mind. Suddenly, it came to her. She had been in this very building with her own mother for the same purpose — to file bankruptcy . She anguished over the decision but a court order had recently enforced a judgement against her that allowed a company to seize a portion of her check. With her struggle to make ends meet, the judgment would put an unbearable strain on her already overburdened finances — the proverbial straw that broke the camel’s back. Despite the stigma, she decided that bankruptcy would stop the vicious cycle of juggling bills each month so that she could now start fresh. She even dreamed of becoming a homeowner one day. While the U.S. Bankruptcy Court for the Western District of Tennessee in Memphis funnels millions of dollars to the court, the lawyers and the creditors, the debtors for whom the entire system exists don’t fare so well. The clients are stuck in a vicious cycle. Most people choose to file Chapter 7, which allows the person to start over from square one without seizing any debts. In contrast, Chapter 13 requires monthly payments while stopping car repossessions and home foreclosures. This method is most common in the South and was what this mother chose. She didn’t understand the difference between the two. However, filers who opt for Chapter 13 must continue making payments for five full years. Most cannot even last 12 months under the program. These individuals went through each and every step of the bankruptcy — paying filing and legal fees and dealing with a seven-year blemish on their credit record — but do not ultimately benefit from the program. Once they have defaulted, they revert back to all unpaid debts with interest rates higher than ever. When comparing Caucasian filings with African-American filings, the latter usually file under Chapter 13 but cannot complete the program. Some return for repeat filings, with a few filing Chapter 13 up to 20 times during their lifetimes. They view bankruptcy as a last resort. If you are considering bankruptcy, talk to our knowledge attorneys about which options — Chapter 7 or Chapter 13 — is best for you.
