California Lawyer


January 2013

Lock 'Em Down
Tom McNichol's discussion of cloud storage and backup solutions like Dropbox and Google Drive ["Never Enough," Technicalities, October] overlooks a very significant concern for attorneys - the security of the documents being shared with these cloud-based services. As an attorney whose firm regularly collects confidential medical information concerning our clients, I'm especially sensitive to the need to maintain those documents in compliance with federal and state privacy laws, but I would think any attorney would want his or her work product guarded jealously.

IT professionals have advised me that most cloud storage and backup services simply don't meet the standards set by federal medical privacy laws. Some services at least claim to do so - we use Egnyte, for example.
David L. Fiol
San Francisco

Lock 'Em Up
I thank Dr. Jacqueline Braitman and Professor Gerald Uelmen for presenting us with the unique history of Justice Stanley Mosk ["A Matter of Conscience," October], who examined the death penalty from so many different perspectives. I find it ironic, however, that the one individual whom Justice Mosk did sentence to death, John Russell Crooker, first had his sentence commuted to life without parole and later to life with parole.

Supporters of the recently defeated ballot measure Proposition 34 promised us that the numerous multiple murderers currently on death row (Charles Manson, Richard Ramirez, etc.) would never be paroled. But had it passed, how could the voters of California have known that this promise would be kept? Ten years from now, would the supporters of Proposition 34 have come back and argued that it is also "too costly" to keep murderers in prison for the rest of their long lives?
John K. Haggerty
Santa Clara

Supremely Tight-Knit
The article by G. F. Uelmen lauding the "togetherness" of the California Supreme court ["Justices United," September] is merely another indication of the "quiet corruption" rampant in California. This togetherness is not merely cozy - it's scary. The Legislature has togetherness, as do the public sector unions, and where has that led us? The Governor appears to be the one anomaly; he has never gotten it together.
G. Donald Weber Jr.
Villa Park

Guilty as Charged
Concerning the review of Anatomy of Injustice [Books, August], it looks to me like all three of the trials of defendant Edward Lee Elmore arrived at convictions based on actual truth: He committed the murder. DNA analysis was able to show that the blood on Elmore's jeans and shoes was the victim's. So the legal system worked despite his drunken lawyer, despicable racial bias, prosecutorial foot dragging, and a misdirected crusade by his appellate lawyer to exonerate him. 

The decision to free Elmore from death row because of mental retardation doesn't change the fact that retarded people also commit murder, and that each of the trials put the right guy in prison. Perhaps the prefix In should be removed from the book title?
Russell W. Graef
Garden Grove

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