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Arizona Criminal Law

58-year-old Phoenix man arrested for 1989 sexual assault, murder

PHOENIX – 58-year-old Cudellious Love, of Phoenix, was arrested on Friday by the Phoenix police officers after they found DNA evidence that linked him to an unsolved murder and sexual assault from 1989.

A report released by the Phoenix Police Department’s crime lab in January indicated a DNA match between a sample taken from the scene and a DNA profile in the state database. According to the court records released Monday, the DNA belonged to a 58-year-old man named Cudellious Love who was in prison for more than three years for a drug conviction. The DNA evidence linked Love to an unsolved murder and sexual assault from 1989.

The murder victim, Laura Hunding, of Phoenix, was stabbed to death in her apartment where her body was found in July 1989. According to the police, Love’s DNA was found on Hunding’s body.

Records show that there was no sign of forced entry into her apartment which was located near 48th Street and McDowell Road. Police investigated the murder, but they did not have any leads in the case.

Hunding’s body was found by her landlord at about 10:30 am on July 17, after witnesses reported last seeing her on July 16. According to the witnesses, Hunding had attended an Alcoholics Anonymous dance that night at Scottsdale Community College and she returned to her home alone.

Love was located and questioned by police on May 12 when he denied having any knowledge of Hunding or her murder which happened nearly 25 years ago.

According to court records, Love claimed he had never ‘messed with’ White women. He also claimed that he has never been to the victim’s apartment and was not familiar with the east side of Phoenix at all. The court records also stated that he was shown photographs of the victims and the victim’s apartment and he maintained he had never seen the victim or her apartment. He said there would be no reason his fingerprints or DNA would be found or identified as part of the crime scene.

Love was arrested on Friday 13 June after the agency’s crime lab determined that Love’s DNA matched the DNA at the scene. There was no mistaking that because “the approximate incidence of this profile is 1 in 110 quadrillion African Americans,” records show.

He was booked into jail on one count of first-degree murder in the death of 27-year-old Laura Hunding in July 1989.

Author Bio:

The attorneys at Bleile, Witte & Lape are committed to defend clients accused/ convicted of any kind of sexual crime throughout Cincinnati, Ohio.

What are Fraudulent Schemes in Arizona?

In the Phoenix area or anywhere else in the state of Arizona, as per A.R.S. §13-2310, the crime of fraudulent schemes is committed when an individual creates a scheme or artifice to defraud, which involves the attempt to defraud knowingly and when they receive a benefit as a result. A scheme or artifice to defraud means that a person intended to gain an unfair benefit or that another person was deprived of the right of honest services. For a defendant to be convicted of this crime, it is not necessary that the individual who was defrauded actually relied on said fraud.

Here is a short video where David Cantor explains Fraudulent Schemes in Arizona:

Punishment for Fraudulent Schemes Conviction

If you are convicted of a first offense fraudulent scheme, it is considered a class 2 felony. The punishment for such a conviction includes probation with zero days to up to one year in jail or a prison sentence ranging anywhere from three to 12.5 years. With one prior conviction, the prison only term ranges from four and one half to 23.25 years of incarceration. If the individual has two prior convictions, the prison sentence can range anywhere from 10.5 to 35 years of time served.

If the monetary amount the individual received is $100,000 or greater, they would not receive probation and the punishment of prison is instituted. However, a skilled defense attorney would strive to get you the minimum sentence instead of the maximum.

Defenses to Fraudulent Schemes in Arizona

There are several different tactics a skilled defense attorney can take toward defending an individual who is charged with the crime of fraudulent schemes in Arizona. Generally speaking, the key to a successful defense involves the lawyer showing that the defendant never meant to defraud anyone and did not knowingly do so. To accomplish this, the attorney must present evidence that shows that the individual never created a scheme or artifice to obtain a benefit in a fraudulent manner from another person. In addition, it has to be proven that any benefit the defendant did receive was either through the consent of the so called victim or via mutual understanding between the two individuals. A third option is to prove that the defendant never actually received any benefit. Many times, a person may be accused of fraudulent schemes by a dishonest employer. For example, a person may be informed that they can pay for personal expenses with company checks as a bonus and that the employer can write it off on taxes. However, when or if the employment relationship sours or there are tax issues, the employer turns around and accuses the employee of embezzlement.

Other possible defenses include violation of Miranda rights where an individual was not read their rights when arrested, denial of right to counsel, meaning the individual asked to speak to an attorney but was not granted that right, that the police coerced them to falsely confess and forensic flaws during the investigation.

If you have been suspected of Fraudulent Schemes in Arizona and would like to speak with an attorney, please give us a call at (602) 307-0808 to schedule a free consultation. If you would like, you can also send us an email and we’ll contact you back as soon as possible. We look forward to hearing from you soon.

Jodi Arias Trial set to conclude in just over a week

The murder trial for Jodi Arias, the admitted Arizona killer of ex-boyfriend Travis Alexander, continues this week.

Testimony is set to wrap up on Wednesday, May 1, and then closing arguments are scheduled for Thurs. and Fri., May 2 and 3.

The long-running trial has seen Arias take the stand in her own defense, breaking down at the sight of crime-scene photos, listening to and explaining her incredibly NSFW phone sex tapes before the victim’s family, and taking questions directly from the jurors.

Even though Arias admits she shot and repeatedly stabbed Alexander, her claim is that it was done out of self-defense. She has also claimed that she cannot fully remember the crime and that the fateful day was an “anomaly.”

Why hiring an Attorney before a Bondsman is a good idea


Certified Criminal Defense Specialist and AV Rated Phoenix Lawyer David Michael Cantor explains why you should call a lawyer before a bail bondsman in this video. He also covers the various types of release you can expect from jail.

You can read more about the Maricopa County 4th Avenue Jail in Phoenix Arizona here. If you would like to speak with an Arizona Criminal Defense lawyer about your case, please call us at (602) 307-0808 to schedule a free consultation.

What is a Grand Jury in Arizona?

David Cantor explains what a Grand Jury is in Arizona:

 

A Grand Jury usually involves more serious cases in Arizona. The process is that the prosecutor will convene a secret grand jury and the main officer will come in and read the police reports and hearsay into evidence. The jurors will then determine and vote on whether or not to bring charges.

There must be 11 jurors in a grand jury to form a quorum. If there is less than 11 jurors, they can’t vote on that day. Of the 11, only 9 of them need to say that they find probable cause to file charges. Normally, there are 15 people on a standard grand jury.

Very often our firm will contact the prosecutor with a letter that states that we’d like them to submit exculpatory evidence to the grand jury that shows that our client did not commit this crime. We also tell the prosecutor that our client would like to show up and make a statement to the grand jury if they would like to hear from our client.

Once the letter is sent to the prosecutor, they are obligated to hand over the documents to the jury and tell the grand jury that our client would like to testify. Many times the prosecutor will contact us and bring our client in to testify. Very often this resulted in no charges being brought.

If you are in the pre-charge phase and are worried there may be charges brought against you, do not hesitate to schedule a free consultation by calling (602) 307-0808. You can also use our form to send us a confidential email.

 

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