This is a true story of how a promising young life can take a very tragic turn.

This is also a tragic example of the legal system at it's worst, partly due to the gross and severe ineffective assistance of counsel provided by attorney James E. Blatt, Encino, California.

Before February 2000, Marcus Lellan was a "typical" teenager.  He liked to hang out with family and friends, participate in competition hockey, volleyball and Boy Scout activities.  He was a devoted brother, son and loyal friend.

Marcus is a good-natured young man who had never been in trouble with the law (although he had been ticketed twice for speeding during his first 2 -1/2 years as a licensed driver).  Marcus was  known as a socialite who liked to make people laugh.

 Then, on February 17, 2000, a horrific collision took place that took four precious lives.

Two drivers were responsible for the collision and only Marcus has taken responsibility for his part.  The other driver, who is son of a traffic investigator with a local law enforcement agency, admitted his involvement to friends.  The forensic evidence at the collision site clearly showed that two drivers were responsible, but members of law enforcement did everything possible to cover-up the involvement of the traffic investigator's son.

Unfortunately, Marcus was represented by a dishonest and unethical attorney by the name of James E. Blatt of Encino, California, who under the cover of a state bar license, conned thousands of dollars from Marcus' family but provided no legal representation for Marcus.  Attorney James Blatt appeared in Court without any mitigating evidence in Marcus' favor. As a matter of fact, James E. Blatt LIED to the Court and to the media, claiming no mitigating evidence existed.

 The end result was that Marcus was sentenced to an excessive 8-year prison term, which is the most excessive sentence imposed in Los Angeles County in a traffic collision where drugs or alcohol were NOT involved.

The suffering that has been imposed upon the loved ones of those who died and Marcus' own family is unbelievable.

This is a true tragedy!  The suffering from the collision is further burden by the actions of attorney James E. Blatt, who lifted the Courtroom carpet and allowed Deputy District Attorney David A. Jacobs and Deputy Sheriff Mark Slater to hide the staggering amount of evidence.

Marcus is faced with eight year's imprisonment, which should complete the destruction of this young man's life.

In prison, as a naive teenager, he is being exposed to God-only-knows-what and the possibility of  AIDS, hepatitis;  ever-present danger of rape and really dangerous felons.  If Marcus survives his sentence, after living in an incarcerated environment with substandard counseling, training and educational programs, he will be dependent upon someone to take care of him.

 Marcus' family and friends are also paying a heavy price, living a waking nightmare since the accident which has been even more traumatic, knowing that a lot of negative things will happen to him during his incarceration.  The world outside those prison walls, in those eight years, will change too.

To add further injuries to this tragedy, in July 2000 the US Immigration issued a warrant on Marcus with the intent to deport him. Although Marcus is a native of Denmark, he has been living in Santa Clarita for the past 12 years. Marcus is a Legal Resident of the US.  His parents and sister live here and his maternal grandparents are US Citizens.

WHY IS THIS BEING ALLOWED TO HAPPEN?

Is the criminal justice system so desperate for scapegoats that they have decided to beat up on a devastated teenager?

How could Attorney Blatt "represent" his 18-year old client in such an evil manner?

How could that Judge make such ruling of malice that Marcus should be in a state prison for 8 years?

There are many ways of getting Marcus of the streets, other than state prison!

Why couldn't Marcus have been assigned community service, working with people who have been seriously injured in auto accidents or working to inform others about the dangers of speeding?

Rather than sitting in prison, he could be placed in a home-detention program with electronic monitoring.

He would be doing, at least, something to give back to a community that has suffered so great a loss.  He would be held responsible for his actions while teaching others a valuable lesson:  This can happen to anyone who is driving too fast or not obeying traffic laws. Marcus' driving privileges have been revoked for four years.  Marcus is not a dangerous criminal and he is not state prison material.  If he is not behind the wheel, he is of no danger to anyone!

In closing, I hope that this is not falling on deaf ears.  As a tax-paying citizen, I really hate to see waste. This is waste of the worst kind ---the planned destruction, by our government, by a greedy defense attorney James Blatt  and a planned destruction of yet another  human life. Why was the other driver, whose father is a traffic investigator in local law enforcement, not held responsible?

Isn't the cover-up by law enforcement members and the actions by Attorney James E. Blatt the act of someone with a criminal mindset?

Michael Anderson,
Washington D.C.

E-Mail: msand@erols.com

Marcus has requested a hearing to bring forth all evidence, previously suppressed by his own defense attorney James Blatt. Marcus' request is pending in Supreme Court of California, Case #S098576.

PART OF COURT OF APPEAL-BRIEF, case #B150120:

On 02/17/00, Marcus Lellan was out for the evening with his friends. Driving with him in his vehicle were Timothy Lee Renolds, Daniel Renolds, Dominick Ianozzi and Daniel Marc Weber. Marcus was driving his vehicle in the area around Shadow Pines Boulevard/Soledad Canyon Road, approx. 1.7 miles from the scene of the accident. At that time, a dark colored vehicle with Hispanic gang members approached the Petitioners and his friends in a threatening manner. The Petitioner and his friends had had trouble with the gang before.  One of the prior incidences with the Hispanic gang members had resulted in permanent property damage to one of his friends’ vehicles, as well as involvement of Deputies from the Los Angeles Sheriff’s Department in Santa Clarita. When the Hispanic gang members approached Marcus’s vehicle, Marcus started to drive away by driving westbound of Soledad Canyon Road. The Hispanic gang immediately followed and tailgated Marcus’s vehicle. The Hispanic gang was in pursuit of Marcus and his passengers, who all were in fear of serious injuries to themselves. Marcus then began to speed up to try to get away from the gang. Marcus’s passengers encouraged him to speed due to the immediate threat and due to the prior problems between the Hispanic gang members and one of the Marcus’s passengers, his friend Timothy Renolds. Approximately 0.30 miles from the scene of the accident, Marcus’s friend Timothy Lee Renolds urged Marcus to drive even faster by yelling “bone out”, and Marcus increased the speed. Then Marcus came upon two vehicles driving side by side, below the speed limit. The drivers of the two vehicles were talking to each other from vehicle to vehicle, which is a violation of the California Vehicle Code and very dangerous since each driver was not focused on the act of driving. By their actions and low speed, they were blocking Soledad Canyon Road. Marcus was about to rear-end and collide with the blocking vehicles when he made a split second’s decision to drive into the bike lane in order to avoid a collision with the two vehicles. The vehicle to the right was driven by 19-year old Steven Michael Hanks, son of an officer of the Torrance Police Department’s Traffic Division. Records in the case show that Steven Hanks became irate when he saw Marcus's vehicle in the bike lane and Mr. Hanks immediately changed the course of his driving direction and drove into the bike lane, struck the left rear fender of Marcus's vehicle, which caused the Marcus's  vehicle to spin out of control.     Upon impact, Marcus's vehicle spun out in a 180-degree skid and struck the center divider and became airborne.  The Petitioner’s vehicle then flipped several times and came to rest on a vehicle (roof to roof), driving in the eastbound lane of Soledad Canyon Road. Mr. Rodney Adams drove the vehicle in the eastbound lane of Soledad Canyon Road.  Due to the accident, three of Marcus's friends and Mr. Adams were killed at the scene of the accident.  The dark vehicle driven by the Hispanic gang members left the scene of the accident. In the days following the accident, several witnesses contacted the Los Angeles Sheriff’s Department with information about the pursuit, including one witness who saw the dark car tailgate Marcus's vehicle approx, 1.5 miles prior to the scene of the accident. The Sheriff’s Department’s Deputies arrived at the scene and had Marcus and his surviving friend taken to Henry Mayo Newhall Memorial Hospital due to injuries that they had sustained in the accident. Marcus was then charged with 4-counts of Vehicular Manslaughter, a violation of Penal Code Section 192 (c)(1), a Felony, with the allegation of gross negligence.  One additional count of Reckless Driving with bodily injury, a violation of Vehicle Code Section 23104(a) was also charged.  Immediately, Marcus informed the local sheriff's department that he had been struck by Hanks's vehicle, but the sheriff's department refused to acknowledge the information.  Instead, they waited 10 days before inspecting Hanks' vehicle, allowing the time for necessary repair. Several investigative actions were not performed by the Los Angeles Sheriff's Department, and they are as follows:

1. An investigation was not made to establish that Mr. Hanks had struck thevehicle that Marcus was operating.
2. An investigation into the Hispanic gang activity that caused Marcus to drive at a high rate of speed was not investigated.
3. Marcus was coerced into providing a blood sample at the hospital.
4. At the time of the arrest of Marcus, the arresting officers failed to advise Marcus, who is a citizen of Denmark and a legal resident of the United States, of his rights under the Vienna Convention and treaty, (VCCR), as required by the State Department.

Marcus was then represented by James E. Blatt, Attorney at Law. Immediately Attorney Blatt filed to have Marcus released on bail. The media, including local newspapers, television and radio stations, and news stories on the Internet worldwide began to run the story on a daily basis. The media coverage of this accident resulted in the prosecution of Marcus by the media and the community, and turned this tragic accident into a media circus. A turn of events started to take place.  Attorney Blatt then started to feed the media with sensitive defense information, spoke against Marcus about having him released on bail, and according to the records in this case, actually was responsible for Marcus not being released on bail (this is documented by exhibit, filed by Blatt's good friend, deputy district attorney David A. Jacobs, who was the prosecutor in the case.) The media and the Superior Court become involved in the matter. The Honorable Judge Rosenfield issued an order on 02/22/00 in the Newhall Division 001, granted an order that the media was allowed to photograph, record and broadcast on KCOP, KCLA, NBC, CBS television, the Los Angeles Daily News, the Los Angeles Times, the Signal, as well as other news media, which resulted in CNN, USA Today and other publications reported various inaccurate opinions and statements in reference to Marcus.  In essence, the media tried the case without having knowledge of the true facts leading to the accident, and the media had declared that Marcus Lellan was guilty of driving his vehicle in a gross negligent manner. The media labeled the tragic accident as “not an accident”. After this extremely high publicity, Attorney Blatt then utilized the media to further his own career, but during his scheme to bring attention to himself, he made non-factual statements to the media.  While Marcus entered into a plea of innocence, Marcus’s attorney declared Marcus’s 100% guilt by stating to the media that his client, Marcus Lellan, indeed did drive his vehicle in a gross negligent manner that resulted in the death of four individuals. The citizens then fueled by erroneous information by the media coverage became irate, and the media then expounded on the fact that the citizens of Santa Clarita were outraged by the alleged gross negligent manner in which Marcus was operating his motor vehicle.

It is the belief that these events were created, partly in order to take away the attention from the question as to how Marcus lost control (by being hit by the traffic investigator's son.) At this point, Marcus’s chance of a fair and impartial trial was not possible. Marcus would have presented the following facts at trial:

1. Hispanic gang members were chasing the Marcus and his friends, and Marcus was attempting to flee from the gang members that intended to cause bodily harm, possible death, to Marcus and his passengers.  (Note: this was not investigated by the Sheriff’s Department despite the surviving passenger’s statement in an audio-taped interview with the Los Angeles County Sheriff’s Department that “there were threats, conflicts, from gangster driving in a dark car, that’s why we took off, that’s why we drove fast….”). The fine line difference between the operation of a motor vehicle to qualify as negligent would have been proved at trial that Marcus was not negligent in the operation of his motor vehicle under the circumstances.  Through the course of a trial, it would have been proven that Marcus had no opportunity to summon help from law enforcement to stop or prevent another threatening attack from the Hispanic gang members, and the only alternative was to try and attempt to get away from the gang.
2. That a cover-up by the Los Angeles Sheriff’s Department was done to cover-up the facts that the vehicle driving by Steven Hanks, son of an Officer with the Torrance Police Department’s Traffic Division, was responsible for Marcus’s vehicle spinning out of control due to Mr. Hanks driving into the bike lane and striking the rear fender of Marcus’s vehicle.  (No citation was issued to either of the drivers of the vehicles that were side-by-side blocking the highway while engaged in talking from car to car while driving at a low rate of speed).
3. The police reports and investigation was deliberately fashioned to create the illusion that Marcus was operating his vehicle in a gross negligent manner, and that illusion took attention away from the other driver, Steven Michael Hanks' involvement. 

After Marcus’s request for bail was unfilled by his own attorney, as documented in exhibit 13 filed by deputy district attorney David A. Jacobs, the Superior Court then became involved in the media coverage, and this action by the Superior Court then became prejudicial to Marcus Lellan.

On 06/21/00, the Superior Court, the Honorable Superior Court Judge Charles L. Peven labeled the tragic accident as “not an accident” and sentenced Marcus to 8 years in State Prison.  

Now, Marcus Lellan files under the fact that his rights under the Vienna Convention and Treaty (VCCR) were violated, that Marcus was a victim of severe and gross ineffective assistance of counsel, that Marcus was coerced and tricked into making an open plea of guilty by James Blatt, that there was sufficient evidence to prove that Marcus was not in operation of his motor vehicle under gross negligence, that exculpatory evidence was suppressed, that the sentence imposed was excessive, that there was fraud on the Court, that there was an improper order that the media could film and record the events taking place during court proceedings and in general other grounds that would support the vacating of conviction and the setting aside of the sentence.

The 135-page brief, supported by 128 pages of exhibits and declarations, contained some of the following grounds:

MARCUS WAS DEPRIVED OF HIS RIGHTS UNDER THE VIENNA CONVENTION ON CONSULAR RELATIONS (VCCR)

MARCUS FELL VICTIM TO SEVERE INEFFECTIVE ASSISTANCE OF COUNSEL BY JAMES E. BLATT - Due to the serious nature of James Blatt's deceiving conduct, the allegations are documented as follow:

1. ATTORNEY BLATT FAILED TO INVESTIGATE OR PREPARE.

2. ATTORNEY BLATT FAILED IN HIS DUTIES DURING THE PLEA BARGAINING AND RELATED ISSUES.

3. ATTORNEY BLATT PROVIDED ERROREOUS ADVICE AND USED TRICKERY AND LIES TO INDUCE ACCEPTANCE OF THE LACK OF A PLEA AGREEMENT, WHICH RESULTED IN MARCUS MAKING AN OPEN PLEA OF GUILTY.

4. ATTORNEY BLATT FAILED IN PROVIDING PRE-TRIAL EXPLANATION OF PRE-TRIAL PROCEEDINGS.

5. ATTORNEY BLATT FAILED TO FILE FUNDAMENTAL PRE-TRIAL MOTIONS TO:

6. ATTORNEY BLATT’S CONDUCT DURING THE CRIMINAL PROCEEDINGS WAS DEFICIENT.

7. ATTORNEY BLATT FAILED AT SENTENCING AND IN HIS SENTENCING MEMORANDUM.

8. CONFLICT OF INTEREST BY ATTORNEY BLATT.

DUE TO INEFFECTIVE ASSISTANCE OF COUNSEL AND SUPPRESSION OF EXCULPATORY EVIDENCE BY THE DISTRICT ATTORNEY, SAID EXCULPATORY EVIDENCE WAS NOT PRESENTED TO THE COURT THAT MARCUS LELLAN DID NOT COMMIT AN ACT OF GROSS NEGLIGENT VEHICULAR MANSLAUGHTER.

MARCUS LELLAN WAS COERCED, BY TRICKERY, LIES AND MISREPRESENTATION BY ATTORNEY JAMES E. BLATT INTO ENTERING AN OPEN PLEA OF GUILTY.

THE LOS ANGELES COUNTY SHERIFF’S INVESTIGATOR MARK SLATER AND THE DISTRICT ATTORNEY DAVID E. JACOBS FAILED TO INVESTIGATE THE ACTUAL CAUSE OF THE FATAL ACCIDENT WHICH RESULTED IN THE IMPRISONMENT OF MARCUS LELLAN, AND WHICH RESULTED IN THE LOSS OF FOUR PRECIOUS LIVES.

DEPUTY DISTRICT ATTORNEY DAVID A. JACOBS AND DEFENSE COUNSEL JAMES E. BLATT COMMITTED FRAUD ON THE COURT.

11 points of fraud are documented in the brief filed with the Court; and the fraud that was committed in Superior Court, which proves that it had been a fraud on the Court, the Court was totally misled into believe that Marcus Lellan was operating his motor vehicle at excessive speed for the thrill of it.  But, as explained in the previous grounds within this Petition, the evidence is conclusive that Marcus Lellan was attempting to save himself and his passengers from imminent injury or death.  The Deputy District Attorney and Attorney Blatt were well aware of the true facts surrounding this terrible accident, but chose to ignore those facts in order to further their own careers.

The cover-up was also a fraud on the Court, when the District Attorney acting in concert with the Los Angeles Sheriff’s Department’s investigators and Attorney Blatt allowed the true facts surrounding the fatal accident to go uninvestigated when the evidence was so close at hand.

When a fraud on the Court has occurred, it then is up to the Court to take corrective action against the parties that committed this set of fraud.

The withholding of exculpatory evidence and the submission of erroneousfacts to cover up this exculpatory evidence certainly can be deemed as a fraud on the Court.  The integrity of the Court is compromised, in that the Court relies on the submitting of factual evidence and facts in order that the Court can reach a determination as to the credibility of all evidence, so that a fair and just sentence may be imposed.

In the case of Marcus Lellan, the now 19-year old Petitioner did not have any control or means to stop the fraud that was being committed by the Deputy District Attorney and his own defense counsel, James E. Blatt.  It was not until after the Petitioner arrived at Ironwood State Prison on October 1, 2000, that Marcus Lellan asked his parents to assist him in setting the records straight, thus, intensified the investigation and were able to surface not only the cover-up, but also, the fabrication of evidence that was erroneous in nature, a lie!!!

This fraud committed by the District Attorney, Attorney Blatt and the Los Angeles Sheriff’s Department’s investigators resulted in the conviction of Marcus Lellan and a prison sentence that was imposed in gross error.

Based upon the now evident fraud committed on the Court, the matter should be remanded and an evidentiary hearing held, or in the alternative, the conviction should be vacated and the sentence set aside.

ALL ALLEGATIONS MADE IN MARCUS' REQUEST FOR A HEARING IS DUELY DOCUMENTED BY AFFIDAVITS, DECLARATIONS, VIDEOTAPES, AUDIOTAPES AND OTHER EXHIBITS.

TEENAGE DRIVING IS ONE OF OUR NATION'S BIGGEST PROBLEMS!

Does that justify the behavior of defense attorney James E. Blatt, the district attorney and the Sheriff's Department?

WHY NOT USE THIS HORRIFIC TRAGEDY TO USE WITH THE HOPE TO PREVENT ANOTHER TRAGEDY!

MARCUS NEEDS YOUR HELP!!!

If you can do anything to assist Marcus, either by notifying the proper authorities or any other entity which has resources to prevent the abuse of power, please do so!  On behalf of Marcus Lellan, on behalf of the lives lost in this collision and on behalf of justice!