Request for letter response from Appellate Court Judges - Gary Michelson case

I don't know why I didn't receive notification of this as I'm signed up to this case. Fortunately I happened to check the docket manually.

I think the Appeals Court wants to give Appellees i.e. DA, absolutely every chance to prove that there was theft. If I remember, the deeds the DA wanted to submit to the court were all in Spanish. The Judge refused them as they had not been transcribed into English by an independent translator. There was no other proof of what Defendants paid for the land. The DA only had proof of what Gary Michelson paid Defendants for the land.

Another thing to consider is let's say Defendants paid $100 for the land. They still had to pay to clear title, clear squatters, escrow, title, remove liens.... After the land met all of Gary Michelson's requirements then Gary would buy it. If they paid $100 for the land then spent $100 to clear it, Defendants would have been in the land $200. If Gary Michelson paid $200 for it, there would be no net gain to defendants.

Even if Defendants paid $100 for the land, invested another $100 to clear it over the course of a year, then they sold it for $1,000, that still would not be theft. They used their own money to buy the land and clear it. The most important thing would be what the land was worth. If Gary paid $1,000 for a piece of land worth $1,000, he lost no money. In this case Gary made a huge profit on the land. I would gladly pay $200 for a piece of land worth $1,000 any day of the week.

As the request is due 12/18, I will assume there will be no opinion until after the new year with holiday recess.

12/11/2015 Letter sent to:    All counsel:

The parties are ordered to submit letter briefs regarding the following:

The People's theory of the case was that the amount of money that defendants stole in count 46-i.e., the gravamen of the offense-was the difference between the price at which defendants arranged for the properties specified in count 46 to be acquired and the sales price they presented to and was paid by Dr. Michelson. Defendants contend that insufficient evidence supports their convictions because there is no evidence of the original price for the count 46 properties. [...]

 Letter briefs on this issue must be filed by noon on Friday, December 18, 2015. The letter briefs may be filed via facsimile transmission at (213) 897-2430 or e-mail 2d1.clerk5@jud.ca.gov, with the original to follow by mail.

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