Apr 29, 2014

Another first for Patrik Griego, restitution for emotional distress requested in child molestation case

Mr. Patrik Griego, who does both civil litigation and criminal defense, has done it again. Mr. Griego said that in California, a victim of a crime such as rape or murder has to file civil litigation to get restitution for non-economic losses, such as pain and suffering. In California, the exception is that if the crime is child molestation, then you can request restitution for non-economic damages in a criminal case which includes emotional distress.

Patrick Griego represents Jane Doe who was molested by her uncle. On behalf of Doe, Mr. Griego is seeking restitution for past and future emotional distress in a criminal case. According to Mr. Griego, this is the first time he is aware that such a request is being made in Humboldt.

The charges against Brian Clark were for a felony: sex offense. Count 1 and 2 Lewd or Lascivious Act with victim under 14 years, Count 3 Indecent Exposure and Count 4 Annoy/Molest a Child under 18 years.

According to Mr. Griego's testimony, the molestation occurred from ages 4 to 14.

The case was heard in Courtroom 1 by Judge John Feeney. Luke Brownfield prosecuted the case. Defendant's attorney is Russ Clanton and Mr. Griego represents the victim.

Today there was a sentencing and restitution hearing and instead of Mr. Brownfield, Jason Sheets was representing the People. The Defense filed a motion today to oppose restitution.

Judge Feeney announced his tentative decision for a 3 year supervised probation and 180 days in jail for Clark.

Then he heard from the attorneys. Mr. Clanton said he did not object to probation; he did object to the incarceration. Mr. Clanton said that Clark made "an error in judgement. He has received significant punishment. He will be a registered sex offender."

Mr. Clanton went on to comment on how this case affected Clark's economic status and that Clark had voluntarily entered the NARUM sex offender program. And that he had offered the victim restitution and needed to be out of custody to earn money. He also asked if Judge Feeney would remove the no alcohol condition that probation recommended.

Mr. Sheets asked the Court to follow the recommendations of probation.

Judge Feeney sentenced Clark to the the 3 year formal supervised probation and a 180 days in jail. Clark received credit for 22 days. Judge Feeney did not remove any conditions of probation. He said that Clark could not "associate with a female under 18 years unless accompanied by an adult. and that he have no contact with Jane Doe and cannot harass her.

Mr. Griego then spoke about how he arrived at the amounts they were seeking for restitution. $600,000 for the 10 years of molestation and another $36,000 for expenses. He cited a case and summarized reasons for the request submitted in writing.

Mr. Clanton countered with a theory that Jane Doe had pre-exisiting problems and that it could not be proven that Jane Doe's problems were directly because of Clark's behavior.

Judge Feeney did not make a final decision on the restitution today. He will issue a written ruling.

Mr. Griego was successful in getting the DA's office to dismiss a case against Adam Laird , who worked for the EPD when the alleged assault occurred. He works for Janssen Malloy LLP, the firm that is well known for successful civil litigation including  the firm’s jury verdict case in 2010, Lavender vs. Skilled Healthcare LLC.

Mr. Griego has been honored by multiple state and national legal organizations, including awards for both California and National Trial Lawyer of the Year. These include : 2011 Public Justice National Trial Lawyer of the Year Award,  2011 Consumer Attorneys of California Attorney of the Year Award, 2010 Northern California Super Lawyer,  2009 California Lawyer of the Year, 2009 Street Fighter of the Year and  a Superb 10/10 RATING from AVVO.

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