Michael L. Fell (born December 2, 1963) is a California criminal lawyer and former prosecutor, who concentrates on representing victims under Marsy's Law, a constitutional amendment of the state that guarantees legal rights for crime victims. He is the founder of Justice 4 Victims of Crime (J4CV), representing crime victims and their families during criminal prosecution of their offenders. J4CV offers legal representation for victims of crimes before, during and after perpetrators have been tried for their crimes. Fell has represented the victim's family in such cases as the murder of the San Diego teenage molester, Chelsea King, and death in the hands of drunken baseball pitcher baseball driver Nick Adenhart, sporting candidate Henry Pearson and Cal State Fullerton cheering prominent Courtney Stewart's Beauty, as well as serious injuries former baseballer Cal State Fullerton, Jon Wilhite.
Video Michael Fell
In the early years and education
Fell attended the University of California at Santa Barbara where he obtained a Bachelor of Arts degree in Political Science and graduated with a "high honors" in 1986. Fell in an honorary program of Political Science and wrote his honor thesis on the political and strategic implementation of Missile MX. After graduation, Fell worked briefly as Deputy Officer for Santa Barbara County before attending Loyola Law School in Los Angeles, California. Fell is a staff writer and then a law review editor.
Maps Michael Fell
Legal career
From 1989 to 2008, Fell was Senior California Deputy Attorney with the Orange County District Prosecutor's Office, where he demanded many famous cases, including People v. Dennis Rodman, People v. Raul Marin and People v. Alistair Irvine.
Fall, while serving as Attorney for Crime-Hate for the DA Office, is instrumental in developing TURN (Teaching Understanding Respect and Non-Violence), a tolerance training program for youth through the Orange County High Court. In 2003, Fell received a prestigious award from the Peace Ambassador of the Orange County Violence Prevention Coalition, for his efforts in developing TURN and fighting hate crime.
Fell has been actively involved in representing victims who have been injured by DUI drivers. As a prosecutor, he is recognized by Orange County Mothers Against Drunk Driving (MADD), as the recipient of twice the MADD Rajasthan Advisory Award.
Falling left the DA Office in January 2008, and becoming California Senior Trial Counsel for construction defective company Feinberg Grant Mayfield Kaneda & Litt LLP.
After starting his own law firm, Fell became interested in Marsy's Law, elected by California voters on November 4, 2008, as Proposition 9, adding section 28 to Article I of the California Constitution. This constitutional amendment, pioneered by Henry T. Nicholas as a reminder of his murdered brother, Marsy Nicholas, has been known as "Marsy's Law: California Victim's Ruling Bill." Under Marsy's Law, victims of crimes are now granted Constitutional Rights allowing their voices to be heard before, during, and after the criminal trial. Such constitutional guarantees as the right to meet with prosecutors before criminal prosecution are brought against the defendant, the right to be heard of sufficient guarantees, the right to be heard about the defendant's demand to continue his case, the right to be heard before the sentence, the right to obtain the lawyers of their choice, others, included under Marsy's Law. In 2010, Fell founded Justice 4 Crime Victims, offering legal representation to victims of crime under Marsy's Law
Cases and clients selected
The Chelsea King's Family
On February 25, 2010, the 17-year-old Chelsea King was jogging through Rancho Bernardo Community Park in San Diego, California. John Albert Gardner, a sex offender who was imprisoned, raped, strangled and killed. King and then bury it in a shallow grave. Gardner pleaded guilty to killing Chelsea and also admitted raping and murdering 14-year-old Amber Dubois on February 13, 2009. Eventually, Gardner admitted to attacking Candice Moncayo on December 27, 2009, with the intent to rape her. For this crime, Gardner was sentenced to life imprisonment without the possibility of parole.
The King's family retains Fell together with San Diego law firms to fight for their rights under Marsy's Law and to ensure that sensitive crime scenes and their daughter's autopsy photos are not released to the media. Through Fell's work with the King's family, no photos were released to the public.
Nick Adenhart's family
On April 9, 2009, Los Angeles Angels of Anaheim pitchers Adenhart, Pearson, Stewart and Wilhite drove in the car together when they were hit by a drunk driver. Adenhart, Pearson and Stewart were killed and Wilhite suffered internal beheadings but survived. The falls were retained under Marsy's Law by surviving family members of the survivors to represent them before and during Andrew Gallo's murder trial.
Citing Marsy's Law, the families opposed the continuation movement, the movement of places, and against the direct media allowed into the courtroom. This is the first time in Orange County that Marsy's Law has been used in experiments. The court judge reads a written report and listens to the testimony and oral arguments conveyed by, and on behalf of the family. Through Fell's work with the family, the trial begins after the ongoing defense movement is denied, the change of motion is rejected, and the camera is banned from the courtroom.
Lynn Duncan
On December 28, 2010, Fell represented Lynette Duncan under Marsy's Law on a parole hearing for Brett Thomas, who shot and killed his father and younger sister 33 years ago in Anaheim, CA. Thomas, who along with Mark Titch committed a nine-day crime in January 1977, killed four people, including Aubrey and Denise Duncan in a robbery trial outside the Duncan family's home. Lynette's mother was badly injured in the attack but eventually healed, but her family was emotionally destroyed by a crime.
Thomas and Titch plead guilty to several murders. They were sentenced to life in prison but were entitled to parole after seven years. They have repeatedly been denied parole and this is the first time a Duncan family member has appeared to deny the release of the murderers. Despite his fears, Lynette Duncan travels across the country and misses Christmas with his two daughters to face Thomas, but he moves at the last minute to delay the trial, which will be rescheduled. However, Lynette Duncan delivered a strong statement on the grounds that Thomas's parole offer was rejected for a maximum of 15 years required by Marsy's Law.
According to the Orange County Register, in his statement, "Duncan says he has lived in fear for 33 years, since the tragedy in his parents' home when he was 17, especially when he heard - and remembered - the police voice and ambulance sirens" It will be before I can hear sirens again and not return to panic attacks, for fear that it happens to other families, "he said." I can still hear gunshots, "said Duncan, parole board." I have never heard a gunshot before. I try to pass if off as a boomerang car, but it keeps happening over and over again. Every sound pierced my soul. "Life is very difficult after that," he added. "My family, who previously spent many weekend camping or visiting friends, no longer... We can not heal each other because we all just survive and need help ourselves." Duncan said if Thomas was released, "I will be a victim again, like my family." The fear is very real. According to the Orange County Register, Fell told Parole Commissioner that Thomas was afraid of facing Duncan. "After 33 years, my client exerted courage to confront (Thomas)," Fell said. "Prisoner Thomas, however, can not find the courage to face him."
Awards and acknowledgments
- The Diligent Attorney Award - Mothers Against Drunk Driving 2006
- Ambassador of Peace - Coalition on the Rights of the Orange County Victims 2003
- Award Certificate - Community Service Program/Victim Relief Program 2002
- Award for Extraordinary Services - Mothers Against Drunk Driving 1996
- Lawyers of the Year - Mock Trial Competition - Orange County Constitution Foundation 1995
- Award for Extraordinary Services - Mothers Against Drunk Driving 1995
Personal life
Fell married Jennifer Robertson Fell and has four children ages 12, 13, 22 and 26 (Stone, Hudson, River, and Bailey). He and his family live in Orange County, California.
See also
- Marsy's Law
- Nick Adenhart
- John Albert Gardner
References
External links
- http://www.justice4crimevictims.com
- http://www.mfellattorneyatlaw.com
- http://www.marsyslawforall.org
Source of the article : Wikipedia
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