People v. Avila CA2/6

FACTS

(a) Marc Leventhal (count 1) Ventura County Deputy District Attorney Marc Leventhal prosecuted Avila for criminal fraud in 2005. While Avila was out on bail, he threatened to kill a man in Texas and rape the man's daughters. The court granted Leventhal's motion to increase

1 All statutory references are to the Penal Code. Avila's bail. Avila was then held in custody. While in jail, Avila called his mother, Herminia Avila, who placed calls to third parties for him in violation of jail rules. Leventhal threatened to have Avila's right of representation revoked if he continued. In July 2008 Leventhal obtained a recording of a telephone call between Avila and his mother. At the beginning of the call, Avila announced that the call was privileged and no one was allowed to listen. He said he was testing the privilege by threatening to kill Leventhal. He said he knew where Leventhal lived and would kill him if he continued to harass Herminia Avila. During August and September 2009, Leventhal received five or six telephone calls from Avila. During the calls Avila said: "I'm gonna kill your ass, motherfucker. I'm gonna get you for being a Jew, I'm…