San Diego Divorce Court "Lie" Used in Criminal Court

September 6, 2010
By Thomas M. Huguenor on September 6, 2010 8:39 AM |

Justia-photo-59 Malil.jpegDana Littlefield is a news reporter for the San Diego Union Tribune and recently wrote a news article that has issues spilling over into divorce, child custody, domestic violence, attempted murder and lying. It is far more convoluted than it should be, but that is probably due to the background of this case, both in the area of criminal law and the divorce court case involving the victim. Just when you thought that the Real Housewives of Orange County was over the top, real life stories such as this are reported. As a San Diego child custody attorney this story caught my attention. Let's break it down:

First, Shelley Malil, (see photo) age 45, is an actor. He had a minor role in the movie The 40 Year Old Virgin. Second, Kendra Beebe, attractive, age 38, previously involved in a messy divorce case in San Diego County. Third, they met online. Forth, they started dating. Fifth, according to reports (possibly a criminal defense version of the facts), Beebe was seeing another man in August 2008 when Malil reportedly showed up at her home in Vista, California, with two knives. (Why two?) Sixth, Malil reportedly stabbed Beebe over 20 times puncturing Beebe's lung and causing other injuries. Seventh, Malil is now on trial for the attempted murder of Beebe. And finally, eighth, Malil's defense attorney cross examined Beebe, at Malil's felony trial, about the time that she lied in her child custody divorce case.

During a San Diego divorce case, Beebe was asked, under oath if she had removed the children from San Diego County. (It is typical to order that a parent will be notified when you take the children out of the County.) Beebe answered "no" under oath and that was a lie. She admitted to the lie in the Malil felony trial.

Malil’s attorneys want to do two things: First, show the jury that Beebe is a liar; and, second, to cause the jury to dislike Beebe. This lie, in a prior divorce case, may cause the jury to not find that Malil had the necessary felonious intent, and cause the jury to not care that Beebe was attacked in the first place. Result? Not guilty. This is the defense attorney’s goal. It may be difficult. After all, Beebe did have more than 20 stab wounds according to the reports.

This blog understands that people do things that they later regret and that a "lie" in divorce court may be entirely irrelevant to the legal issues before the court. This blog understands the work of criminal defense attorneys. This blog understands that Ms. Beebe was a victim and was stabbed.

The San Diego divorce attorneys at the Law Office of Thomas M. Huguenor handle divorce and child custody cases and help to prepare their client’s for testimony in court.