A California man could face life in prison after breaking the states three strike law. The law was intended for violent and dangerous felons who re-offend once they are released from a previous sentence, in turn to find themselves back in jail soon enough. This could be one of the first times someone is convicted under the California three strike policy for a white collar crime.
Timothy Barnett, 47, was arrested this past April and charged with 23 felony counts including theft to the elderly, identity theft, and real estate fraud. He previously served 5 years in a state prison in the 1990’s for scamming homeowners out of tens of thousands of dollars with a foreclosure rescue scam. The most recent charges come from Barnett allegedly convincing 5 people to sign him titles to their homes.
Barnett was arrested again in 1997 for burglary charges, which fall within the three strikes law. In that case, Barnett was accused of talking his way into people's homes, offering to refinance their mortgages, and diverting property or loan proceeds to his own accounts.
Prosecutors had charged him with burglary because he met with his victims in their homes. Under California law, a person can be convicted of residential burglary for entering someone's house with the intent to commit a felony, even if he or she enters with the homeowner's permission.
His attorney Winston Kevin McKesson believes prosecutors have crossed the line in seeking a life sentence. "His whole thing is he told the truth; he's at peace,” says McKesson. "He gave them a chance to live in their homes three more years. He satisfied his end of the bargain; they didn't satisfy theirs.... These people knew what they signed and at the last minute they came in and said they didn't know."
Barnett has been behind bars since April in lieu of $2.2-million bail, but has pleaded not guilty to all charges. He is next scheduled to appear in court Sept. 10 for a pretrial hearing. No trial date has been set.
Be protected with California Home Insurance in the event that someone tries to steal your identity or the rights to your home.
.jpg&imgrefurl=http://www.marlerblog.com/2007/09/&usg=__8t-gDOdBJ2XOQR6zc_iDkRW8RUM=&h=612&w=1008&sz=373&hl=en&start=0&zoom=1&tbnid=UG5EXXli7ruC6M:&tbnh=133&tbnw=173&prev=/images%3Fq%3Dthree%2Bstrikes%2Bhome%26um%3D1%26hl%3Den%26biw%3D1280%26bih%3D697%26tbs%3Disch:1&um=1&itbs=1&iact=hc&vpx=108&vpy=86&dur=1166&hovh=175&hovw=288&tx=164&ty=143&ei=YgqBTN3SHIi8sQOMjNn2Bw&oei=YgqBTN3SHIi8sQOMjNn2Bw&esq=1&page=1&ndsp=28&ved=1t:429,r:0,s:0 "Three Strikes Your Out")
Timothy Barnett, 47, was arrested this past April and charged with 23 felony counts including theft to the elderly, identity theft, and real estate fraud. He previously served 5 years in a state prison in the 1990’s for scamming homeowners out of tens of thousands of dollars with a foreclosure rescue scam. The most recent charges come from Barnett allegedly convincing 5 people to sign him titles to their homes.
Barnett was arrested again in 1997 for burglary charges, which fall within the three strikes law. In that case, Barnett was accused of talking his way into people's homes, offering to refinance their mortgages, and diverting property or loan proceeds to his own accounts.
Prosecutors had charged him with burglary because he met with his victims in their homes. Under California law, a person can be convicted of residential burglary for entering someone's house with the intent to commit a felony, even if he or she enters with the homeowner's permission.
His attorney Winston Kevin McKesson believes prosecutors have crossed the line in seeking a life sentence. "His whole thing is he told the truth; he's at peace,” says McKesson. "He gave them a chance to live in their homes three more years. He satisfied his end of the bargain; they didn't satisfy theirs.... These people knew what they signed and at the last minute they came in and said they didn't know."
Barnett has been behind bars since April in lieu of $2.2-million bail, but has pleaded not guilty to all charges. He is next scheduled to appear in court Sept. 10 for a pretrial hearing. No trial date has been set.
Be protected with California Home Insurance in the event that someone tries to steal your identity or the rights to your home.
