Felony Murder Rule

Mike Daley/Rosie Fernandez Mystery #8

by Sheldon Siegel

FELONY MURDER RULE is the eighth book in the legal thriller series featuring Mike Daley & Rosie Fernandez. "I was just sitting in the car." In the eighth installment of New York Times bestselling author Sheldon Siegel's iconic San Francisco series, Mike Daley and ex-wife Rosie Fernandez face new challenges and stare down old demons as they return to work at the San Francisco Public Defender's Office where they had started their careers and their relationship twenty years earlier. Mike and Rosie are now the co-heads of the Felony Division, where they spend more time running the office and supervising younger attorneys than trying cases. That changes quickly when Mike is visited by Melinda Nguyen, whose son, Thomas, a high school senior, is about to go on trial for murder. Thomas has been arrested under California's archaic "felony murder rule," which says you can be can be convicted of first degree murder if you're present when someone is killed during the course of a felony, even if you don't pull the trigger. The charge against Thomas shows the absurd limits of this legal doctrine. He was sitting outside in the car when a friend entered a liquor store in San Francisco's teeming Tenderloin District and allegedly flashed a gun. The shopkeeper pulled out an AR-15 and calmly filled the alleged robber's chest with bullets. Thomas is charged with murder even though he never entered the store. Thomas fires his original lawyer on the eve of trial after she recommends acceptance of a plea bargain. With nowhere else to turn, his mother petitions for help from the Public Defender's Office, and Mike agrees to handle the trial scheduled to start four days later. As the evidence mounts against Thomas, it tests Mike and Rosie's legal skills and relationship. Their stress is compounded by the fact that Thomas and his mother may have a connection to Mike's older brother, Tommy, who died in Vietnam forty years earlier. Aided by Mike's brother, Pete, a private investigator, and Rosie's niece, Rolanda, a top-notch young attorney at the P.D.'s Office, Mike and Rosie face their most compelling challenge yet as they race to represent their client and try to find closure for old wounds. An intricate plot, immensely likeable characters, powerful suspense, and a touch of humor are Sheldon Siegel's hallmarks. In Felony Murder Rule, readers will discover once again why reviewers have called Mike Daley and Rosie Fernandez two of the most compelling and beloved characters in contemporary crime fiction.

Genres: Mystery, Fiction, Legal, Crime, Legal Thriller, Audiobook, Suspense

322 pages, Kindle Edition

First published February 15, 2017

About the author

Sheldon Siegel is a New York Times Bestselling novelist and author best known for his works of modern legal courtroom drama.

Siegel was born on the south side of Chicago, Illinois. He attended New Trier High School in Winnetka, Illinois, and later went on to attend the University of Illinois at Urbana-Champaign as an Accounting major. He graduated with a Juris Doctor from Boalt Hall at the University of California, Berkeley in 1983. He has been in private practice in San Francisco, California for over twenty years and specializes in corporate and securities law with the law firm Sheppard, Mullin, Richter & Hampton LLP.

Series:
* Mike Daley Mystery

Reviews

[Thomas · Rating 4 out of 5]

4 stars for book 8 in the Mike Daley/Rosie Fernandez series. I started reading this series 5 years ago and I have enjoyed every single one. This book can be read as a stand alone, however the series works better if read in order. This book reveals a family connection to Mike's brother Tommy, killed in the Vietnam war. The title refers to the Felony murder rule which says that if you are an accomplice to a murder, you can be charged with that murder. The DA has charged Thomas Nguyen with murder under this rule, even though he didn't know his alleged accomplice, Duc Tho, had a gun or might try to rob a liquor store. The store owner shot Duc Tho dead and Thomas is being charged with murder. I can't reveal more without going into spoiler territory.
I read this book in 3 days, reading 200 pages yesterday alone.

[Tulay · Rating 4 out of 5]

This septuagenarian will recommend this book.

After reading and enjoying all the books in this series Mike and Rosie characters became part of my circle of friends. Mike finds out what happened to his brother in Vietnam War. Thomas is high school senior arrested for felony murder, mother asks Mike to defend her son. There are very interesting characters around to help Mike, even Rosie takes time from her campaign to help him defend Thomas. Detailed information about Felony Murder charge was interesting.

[Kathleen · Rating 4 out of 5]

This is the 8th offering in the Mike Daley/Rosie Fernandez legal thriller series. The two attorneys now head the Felony Division of the San Francisco Public Defender’s Office. Mike decides to defend Thomas Nguyen, arrested under California’s archaic ‘felony murder rule’ which states that you can be convicted of first degree murder if you’re present when someone is killed during the course of a felony, even if you don’t pull the trigger. This is a fast read with the series’ engaging characters and snappy dialog.

[Kathi Defranc · Rating 5 out of 5]

Excellent courtroom drama, with characters at their best

Another wonderful courtroom thriller involving Mike Daley and Rosie Fernandez. A controversial law in which a person sitting in the car may be charged with murder if the person he is with enters a store and kills someone, or is killed during the crime. It has been used and approved, but Mike takes the case in hope of getting around it. Great writing, plots and storyline propel you through the book. All characters are well-written, quick,witty dialogue with a very fast pace, the story does not let up. Enjoyable read with characters that feel like long lost friends, I am so happy to see Mike and Rosie back . This could be read as a standalone book,easily, but it is a great series for those who enjoy courtroom stories.

[Jim · Rating 3 out of 5]

Lawyers Mike Daley and Rosie Fernandez return for an eighth time in author Sheldon Siegel's, "Felony Murder Rule". Daley and Fernandez now work in the public defenders office as bureaucrats no long trying cases in court. Daughter Grace is now in college so the pair of lawyers are starting to age. Mike receives a visit from Melinda Nguyen who drops a pretty significant bomb onto Daley. Melinda's son Thomas is charged under the felony murder rule as being accused as a "getaway" driver in a liquor store holdup. The armed robber Duc Tho who after entering the store was killed in self defense by liquor store owner Ortega Cruz. The police rolled up on a unsuspecting Thomas sitting out in car with no idea his partner was killed while trying to rob the place. This however is only a small part of news Melinda has surprised Mike with. Melinda will wind back time to Viet Nam and information about Mike's older brother Thomas who was K.I.A in 1974. Jumping onto the case and getting brother Pete to investigate the Daley's want to get answers. With an unusual set of characters like 90 yr. old "Nick The Dick" Hanson, and Brian "The Lion Of the Loin" Holton, author Sheldon Siegel knows how to spin an interesting yarn. Although the plot was low and plodding it did read fairly quickly. Covering just over 300 pages, "Felony Murder Rule", is not as sharp and snappy as previous Daley/ Fernandez outings. I'm giving "Felony Murder Rule" three stars out of a possible five stars. This one is an obvious slip in an otherwise pretty good series. I do recommend it for all those Daley/ Fernandez fans. If this is where series ends it's been a pretty good run. If another entry in series is coming out, it'll need a good shot of electricity in plot and characters to over overcome this one.

[Terri Lynn · Rating 5 out of 5]

Mike Daley and Rosie Fernandez are the co-heads of the Felony Division of the San Francisco Public Defender's office (Rosie is running to head the whole Public Defender office). They are divorced but get along well, have sleepovers have sex, and are co-parenting their son and daughter. It is all VERY cozy.

Though neither Mike nor Rosie actually do any work in court anymore, Mike gets a visit from a Vietnamese woman Melinda Nyguyen who is now an American citizen. Her 18 year old high school senior son Thomas Nyguyen is going on trial for first degree murder and has just fired his lawyer for pressuring him to take a plea deal days before the trial is to begin. She is poor enough to qualify her son for a public defender but wants him to personally defend him and she shocks him by claiming she is the daughter of his brother who died in Vietnam.

Mike winds up doing it but it doesn't look good for the defense. He, Rosie, her lawyer niece Rolanda and their team will need to do a lot of fancy footwork.

I do have one complaint. This case would NOT qualify for California's felony murder rule. Under that rule if you commit a felony and it leads to someone's death even if you didn't intend to kill that person, you can be charged with first degree murder. Examples would be if you were an arsonist and set a business on fire one night not knowing that the owner was sleeping in the back and not intending to kill him, you get charged with murder if he dies or if you go in to rob a store and a cashier or customer has a heart attack and dies, you get charged with murder. The reason why the felony murder rule would NOT apply in this case is Thomas was riding as a passenger in his friend's car on the way to party when the friend stopped to go in a store and buy beer to take to the party. Thomas waited in the car. His friend walked in, smiled at the owner's daughter, and-pow-the Latino owner killed him with 6 shots from a gun that is illegal to possess in California. His friend is dead and the Latino claimed he thought he was there to rob him and said it was self-defense though no gun was seen. Thomas' friend was not the one who did any killing and Thomas was in the car. The rule would not apply.

[Julie · Rating 5 out of 5]

Absolutely fantastic series - and every book was just as good as the other. I will be reading all of Sheldon Siegel's books.

[Rita Dempski · Rating 5 out of 5]

Wow

Great book...Enjoyed how it was written...Also, Out of the many books I've read, this book had a wonderful ending. Thank you for the great read, Mr. Siegel

[Scott Cowan · Rating 5 out of 5]

Great series worthy of reading all the books

I greatly enjoy the stories and the character development throughout the series. I have read them all and I am hopeful there will be another one to read in the near future.

[Ron · Rating 3 out of 5]

This book is the 8th in Sheldon Siegel's legal series that features Mike Daley and Rosie Fernandez as San Francisco public defenders. In this story, their job is to come up with a defense for a local Vietnamese teenager being tried for murder as an innocent accomplise to the crime. Full of San Francisco color as well as a long shot investigation and knee jerk courtroom tactics, the book keeps readers intrigued to the last page.

[Midwest Geek · Rating 4 out of 5]

This is an short entry in the series, just a little more than 7 hours long (320 pages in paperback) and is one of Siegel's best (of the four in this series I've read.) The set-up and time frame is a little far-fetched, but how many times have I said that "truth is stranger than fiction"? So I had no difficulty in suspending disbelief for the purposes of listening to the book. It is a good legal mystery, although the outcome was never really in doubt (at least, not in my mind.) The Five W's were sufficient to sustain my interest. Tim Campbell's reading is excellent, although not exceptional.

This story deals with two issues in the life of the unlikely duo Daley/Fernandez: (1) the "California felony murder rule", and (2) what ultimately happened to Mike's older brother Tom, whose plane was shot down in Vietnam. In case you think that the felony murder rule is confined to crazy Californians, be aware that it exists in some form in 46 states as well as in some other countries. For good reason, IMO; the general rule is that if a murder is committed in the course of a felony, it doesn't really depend on which of the perpetrators actually did the deed, they are all equally responsible. However, the law has frequently been written so that it can be applied too broadly, as is explained and demonstrated in this novel. For example, in the case in point, it can even apply if none of the perpetrators committed a murder, but one of them is killed!

As for details of this and the second issue, there are lots of other 4* reviews that you can read, and since I agree with most, I will not repeat their sentiments. To those readers/reviewers who may be skeptical that the "felony murder rule" would not apply in this case, I remind them that Sheldon Siegel is a long-practicing attorney in San Francisco. He even comments on the rule and may respond to your questions.

I would strongly encourage you not to start the series with this book unless the only thing you care about is the legal issue.

[Koula · Rating 4 out of 5]

law

I like mysteries. In this case law. Makes me want to go read up on law for my state which I know can be different by state. I liked the story line. While I read I thought good grief what a crazy law, and we know by state there are some real winners. I would recommend this books to those who like reading about law and the goings on in the courtroom.

[LJ · Rating 5 out of 5]

First Sentence: The waif-thin woman eyed me nervously from the swivel chair opposite my gunmetal gray desk.

As co-head of the Felony Division, DA’s Mike Daley rarely tries cases himself. Melinda Nguyen’s son Thomas is on trial for murder even though he was not an active part of the actual crime that resulted in his friend being killed by a convenience-store owner. But how can Mike turn his back on a woman who may have been married to his brother they thought died in Vietnam’s China Sea, and the boy who may be his son?

It is always interesting to learn about an obscure law that can have a major impact. Although the information is interesting, it is the revelation related to those the laws will impact that truly captures one's attention.

Siegel does an excellent job of providing background on Daley, his ex-wife Rosie in a very concise manner without interrupting the flow of the story. And what a good assembly of characters it is. It is the relationships that bind the story together.

Daley’s internal narrative could be annoying but isn’t. Instead, it again exemplifies Siegel’s writing style which is efficient and informative without the need to be overly serves to provide more information without verbose.

References to other authors are always enjoyable—“Her bookcases were jammed with legal treaties, Federal literature, and Donna Leon.” For those who are local, the rundown of San Francisco’s famous/infamous characters can make one smile.

Dialogue is so important to the flow of a story and Siegel writes dialogue exceptionally well. It’s quick, sharp, and very natural. His wry humor provides a nice bit of light to the darkness of the case.

This is not a book to read when you’re hungry. The food may not be fine dining, but there is a lot of it—“My brother always said the most important attributes for a P.O. were patience, perseverance, and a low-maintenance digestive system.

“Felony Murder Rule” corrects any misconception one may have that a legal mystery isn’t suspenseful. Not only is it, but it’s one with a very affecting and emotional ending.

FELONY MURDER RULE (Legal Thriller-Mike Daley/Rosie Fernandez-Bay Area, CA-Contemp) – Ex
Siegel, Sheldon – 8th in series
Sheldon M. Siegel, Inc. – February 2017

[Simon Gosselin · Rating 4 out of 5]

In the eighth installment of Mike and Rosie serie, now the co-heads of the Felony Division, where they spend more time running the office and supervising younger attorneys than trying cases. That changes quickly when Mike is visited by Melinda Nguyen, whose son, Thomas, a high school senior, is about to go on trial for murder.

He has been arrested under California’s archaic “felony murder rule,” which says you can be can be convicted of first degree murder if you’re present when someone is killed during the course of a felony, even if you don’t pull the trigger. He was sitting outside in the car first-degreed entered a liquor store in San Francisco’s teeming Tenderloin District and allegedly flashed a gun. He is charged with murder even though he never entered the store. Thomas fires his original lawyer on the eve of trial after she recommends acceptance of a plea bargain. With nowhere else to turn, his mother petitions for help from the Public Defender’s Office, and Mike agrees to handle the trial scheduled to start four days later.

As the rest of this serie, this one is a fast read with very snappy dialogs and a cast of now well-known characters. The part of formulae writing I saw in the previous one is still there but less obvious. A solid offering.

[Justin · Rating 5 out of 5]

a much better book, recommend

This was a much better book. The storyline had a different feel to it. I did learn more about the felony murder rule. I just learned this year (2024) that this was indeed a real crime. This actual incident happened in my hometown of Alabama whereas a group of 4 guys tried to rob a home, the homeowner shot 1 of them and he died. The 3 other guys are being charged with this felony murder rule as of today. So, reading this book helped me better understand it. I believe deeply in family, so I had a hard time understanding Mike way of accepting his deceased brother family. It like it was a problem for him if someone said Thomas was his nephew. What was the big deal if it was nephew or great-nephew, Thomas was still his blood biological nephew. But he had no problem saying Rolanda was his niece, which she really isn’t since he no longer married to Rosie. I just wish Mike parents could’ve known about them. I know this would’ve made their life completed. Author, do something with Mike and Rosie relationship so they can stop acting like high school. So, author you left us with a cliff hanger I see, which is not bad. I like it. I don’t mind wondering how Duc died and make my own scenarios. I’m good at it.

[Loretta TheMoodyRedhead · Rating 5 out of 5]

Anything you need to know about San Francisco and it’s politics is in here. Even the shady side like the Tenderloin that smells of “urine and sex”.

This had some family history - Mike’s immediate family. His great-nephew, Thomas was in the Glamour Slammer for 9 months awaiting trial. Thomas and his friend Tho stopped at a liquor store and Tho went inside to get some beer to bring to the party while Thomas sat in the car waiting. It took 5 seconds for the store owner to claim Tho was going to pull a gun on him and the owner shot Tho to death. Since Thomas was with Tho, he was also guilty.
It was up to Mike, Rosie, Rosie’s niece Rolanda and the rest of the crime fighting team to get Thomas out of jail.

There was also a part in the end of the book about Mike’s brother Thomas that was very touching and brought tears to my eyes.

In this book even though I really wanted to, I didn’t skip ahead any to see what the outcome was. It was difficult, but I pushed through. Primarily because the book was short at approximately 310 pages. A few of Siegel’s previous books in this series were at least 400 pages.

Another great story by Siegel. Next up is book 9 - Serve and Protect.

[Pontiki · Rating 5 out of 5]

I had to read this book piecemeal, not for lack of interest, just time.

The felony murder rule is ridiculous, and I knew nothing about it until this book. Mike and Rosie are great characters, I love the court scenes, and the twists are always entertaining.

This time, it's discovered that Mike's brother Tommy wasn't killed when everyone thought, but was saved by a woman and her mother in a small village in Vietnam. He married the woman, had a daughter, and then he and his wife both died. The daughter came to the US, now has a son, and that's where the legal problem starts.

Pete is the coolest PI ever, tied with Nick the Dick. I love the Tommy storyline interwoven with the legal issues facing Thomas Nguyen. The best part was Rosie's brilliance in court.

Waiting for more, fingers crossed.

KU

[William J Zaremba · Rating 5 out of 5]

Some Rules were made to be broken

Just love this series with Mike and Rosie and with each book we get into the characters more and more. This book finds Mike and his niece Rolanda In court working together to save his older brothers grandson who he just met. His brother has been missing since the Vietnam war and Mike did not know he had a grandson let alone a daughter. So Mike's great nephew has been accused of some bull rap crime in California that he is guilty of murder as he was sitting in a car waiting for his friend who went in to buy beer from a deli shop. The owner shot him saying self defense and he was trying to rob the store and the court rules that Mike's nephew is guilty on a murder charge even though he was just sitting in the car. Nuts as it may seem it looks like his great nephew is going down for this crime.

[Rose Mitchell · Rating 4 out of 5]

Another great story …
A good ending.
I thought the conversation attributed to Thomas didn’t sound authentic. Not like a kid would talk with a non-native speaking mother. There wasn’t much effort in creating a more realistic, conversational dialect for two of these characters -the homeless guy and Thomas.
The only other small detail was the long trial dialogues.
Because there weren’t a lot of facts in dispute it seemed a bit tedious and repetitious - as trials can often be but don’t really like it when I’m reading a story. There was less drama and less fact-finding in this story since the crime was very basic and not many disputed facts.
I love this series and the main characters are continuing to evolve and I like that a lot.
Not all the stories can be my favorite. Looking forward to number 9.

[Thomas R. · Rating 5 out of 5]

In the latest installment of the Mike Daley/Rosie Fernandez series , the author really understands family dynamics and Racism. Mike meets his older Brother s daughter ( Mike's brother married her in Vietnam, even though his family thought he had died in Vietnam) and his Grand nephew who is being charged with murder ( because he was in a car driven by his friend who was killed attempting to rob a Liquor store) . In addition Rosie is running for Public Office and Mike's case could derail her attempt to become the first Latino Head of the Public Defenders office. This was a great story , dealing with Racism, fear and of course the rule of law. I look forward to the next book in this series.

[Habit_of_book_reading · Rating 3 out of 5]

This is a good book. This is the first time I am hearing about this felony murder rule and it was quite interesting because unlike other cases everyone knew who killed who and trying to acquit a person who was with the victim is kind of different. Kudos to the author for that. Representing family members or members who are like family to the protagonists is kind of becoming repetitive not that I am disliking it but it can be reduced and the ending was kind of abrupt for a lack of a better word according to me. Both previous book and this book have kind of a rushed ending but in the previous book it kind of jives with the story where I felt a certain disconnect with this book that's why I didn't mention about it in the ending in the previous book's review

[Amy · Rating 4 out of 5]

Sometimes I forget how much I enjoy the series… It really captures your attention and you can really tell how the characters have developed over the past several books… I kind of like how they kind of let the time pass… I think the whole series might take place up to this point over about 12 maybe 15 years… At least 10 to be honest. It lends authenticity to the storyline and allows for a little more development of the characters over time. But to the trial… I thought it was well handled. Had no idea that a rule like this existed and I wonder if it’s still in effect today and in which states. Anyway, I thought the secondary characters were interesting, and appreciated the reappearance of “Nick the Dick“.

[Donna ~ The Romance Cover · Rating 4 out of 5]

Well, another 9 books have passed since my last review of this series, and unfortunately, I have come to the end of the road. I'm sincerely hoping that there will be more, and feel that the ending intimates that there will be.

Each book is a different case, and I just love the dynamic between the characters. Mike is one of those lawyers, where if he feels that his client is innocent, he goes above and beyond to find something or someone to prove their innocence. With his PI brother Pete, they are an unstoppable force. I love the balance between professional and personal and really feel that the reader gets entrenched and becomes one them.

I can't wait for more of this series.

[Gary Gallucci · Rating 5 out of 5]

An interesting case. The daughter and grandson of Mike Daley's thought-to-be long dead older brother Tommy unexpectedly seek Daley's help. It seems the grandson, named after his grandfather, is being charged with murder under a strange California law known as the Felony Murder Rule. Young Tommy was sitting in a car when his friend allegedly tried to rob a liquor store. That friend was shot dead by the store owner and Tommy was subsequently charged with the murder because of his association with the would-be robber. Anyway, this story once again boils down to the wonderful courtroom antics made famous by author Sheldon Siegel. Highly recommended.

[Glenn Altman · Rating 5 out of 5]

Engaging, entertaining and exceptionally well written.

A well rounded legal thriller that will tug at your heart and may well loosen a tear from the eyes of the most hardened among us. Populated by characters who could actually exist and events which could actually occur in real life, this well written story has engaging and intersecting story lines played out to a credible and satisfying conclusion. (Who would've thought that a veteran of thirty years of practicing law would have enough heart remaining to write such a story?

[Ellen White · Rating 5 out of 5]

This is the 8 th book in the series, and with Mike and Rosie and the friends, that we seem to know and love so well. This was an interesting case, were we have a running dialog of the people as they are found and interviewed. They don’t agree with the rule, but how to get the charges thrown out. A brother of Mike thought dead, wasn’t till a few years later. That surprise, led Mike and Rosie to go back into the court room, with a case, they didn’t see how they could get an acquittal. Readers who love lawyer stories, surrounded by family drama, will love this series.

[Nancy Silk · Rating 5 out of 5]

"An Awesome Legal Thriller"

Again, Mike and Rosie take on new challenges as they return to work in San Francisco's Public Defenders Office where they had met twenty years ago. They lead the Felony Division which for them is mostly desk jobs and supervising. They personally get involved when Melinda Nguyen's son, Thomas, is going to trial for murder. They battle against the California archaic "felony murder rule." Personal involvement brings back more facts they find from Mike's past. It's a great, intense story to keep you intrigued to the very end. Read it!!

[DrKmW · Rating 5 out of 5]

This book was somewhat interesting because of the relationship between the young perpetrator and the public defender, Mike Daley. The author also brings up interesting legal issues concerning the charge of « felony murder » in California. The plot is fairly straightforward, with a twist at the end
that becomes predictable. San Francisco and its infamous Tenderloin neighborhood becomes part of the story. However, this is the mid 1990’s and much has changed since.
Overall, “Felony Murder” is fun reading and entertaining but not exceptional.

[Bonnie Irwin · Rating 3 out of 5]

Hard to say much about this one without revealing more than one should. Mike and Rosie are back in the public defender’s office when a client with a compelling story comes to the office with a case that Mike cannot refuse. I liked the addition of Rolanda, Rosie’s daughter, and I hope to see more of her in future installments. 3 stars for me because the book gets repetitive at times as they review the testimony of each witness over and over. Yes, that is the life of a criminal defense attorney, but it gets a little tiresome for the reader.

[Kat · Rating 5 out of 5]

FELONY MURDER RULE is the 8th book in the Mike Daley/Rosie Fernandez legal thriller series. In this book, Mike and Rosie discover through a new client some interesting information about a family member (I thought this was a very cool connection and love the way the author ties the cases into various side characters in the book.) The case hinges on a rule that anyone present during a crime may be charged with the crime, even if they did not pull the trigger. Mike has to find a way to prove that someone who was sitting outside in a car is not guilty of murder when the owner of convenience store immediately opened fire and kills the person who walks into his store, claiming he had a gun. Interesting case. 5/5 stars.