PACHECO PETITIONS CALIFORNIA SUPREME COURT
ON BEHALF OF VICTIM'S FAMILY IN FATAL DUI

RIVERSIDE, CALIFORNIA, February 13, 2008: Riverside County District Attorney Rod Pacheco is seeking the California Supreme Court to review a judge's ruling in a fatal DUI case that left one family member dead and another maimed for life.

The case against Sherri Ann Smith involved a fatal collision in June, 2005, in which Smith's vehicle crossed the center line on Ortega Highway and struck Kerry and Sheryl Suglia's motorcycle head on. Suglia was killed instantly. Suglia's wife, Sheryl, lost her leg and is now confined to a wheelchair. Investigation revealed that Smith was under the influence at the time of the accident with a blood alcohol level of .11 after spending the day at the Temecula Balloon and Wine Festival.

On July 19, 2006, Judge Warren reduced Smith's sentence to one year in county jail and five years probation after later deciding that the original sentence was too harsh.

By law, victims of crime are allowed to address the court at the time of sentencing regarding the impact of crime upon their lives. On the day of sentencing, Judge Warren denied the Suglia family's right to speak to the court in violation of the Victims' Bill of Rights.

"We're asking the California Supreme Court to review this case on two fronts. To send a message about the dangers and the legal consequences of drunk driving and, more importantly, to ensure that a victim's voice is heard, not silenced," said District Attorney Rod Pacheco.

"How many times does this devastated family have to be victimized?," Linda Soubirous of Concerns of Police Survivors said. "Judge Warren's improper decision to silence Mrs. Suglia at the sentencing of her husband's killer is outrageous. It seems this judge has more sympathy for this criminal than for those who became victims of this drunk driver. I am so thankful that we have a District Attorney who is willing to stand up for crime victims and do all he can to protect us from those who break the law."

Nina Salarno, of Crime Victims United of California and tireless advocate for crime victims had this to say, "We applaud District Attorney Rod Pacheco for vigorously ensuring the victim's voice is heard in our criminal justice system. The actions of Judge Warren are atrocious. A victim of crime has an integral and important role in our justice system and for Judge Warren to silence that voice and prevent the victim from being heard in unconscionable. Judge Warren should be held accountable for his actions and for the lenient sentence he gave in this case. We fully support District Attorney Rod Pacheco and urge the California Supreme Court to recognize the rights of victims everywhere.

"We have seen the victim silenced by the courts before, but this is the first time that we have seen a District Attorney take the issue to the Supreme Court. It is the victim's legal right to be heard by the courts - Judge Warren's decision to ignore that should be dealt with accordingly. I cannot imagine having my loved one killed and then be told that my thoughts, my feelings, my words do not matter. Ms. Suglia's husband was violently taken from her - and a once active woman is now confined to a wheelchair. The least anyone can do for her is to allow her to speak in memory of her husband and the life they once had. We thank DA Rod Pacheco for continuing to be such a staunch advocate for the rights of victims of crime and support him wholeheartedly in his quest for justice," stated Chris Ward of Crime Victims Action Alliance.

The Riverside County District Attorney's Office appealed Judge Warren's ruling to the Fourth District Court of Appeal. The appeal was denied with the District Court deciding the victim's right had no remedy and therefore the sentence of probation remained.

District Attorney Pacheco then filed a petition for review to the California Supreme Court. In a promising move, the Court granted a hearing on this important issue for victims. Oral arguments before the highest court in the state are slated for later this year.