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Do Directors Face Potential Liability for Not Preventing Cyber Attacks?

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In the past weeks, we’ve reported that while most companies are properly disclosing their exposure to cybersecurity threats, the increasing occurrence and severity of cyber attacks has the SEC considering even more stringent cybersecurity disclosure requirements. Now, another study reports that Read More

“Snowden on the Run”

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The Wall Street Journal on June 24, 2013 released the following: By DEVLIN BARRETT in Washington, D.C., and TE-PING CHEN in Hong Kong “A global cat-and-mouse game involving the admitted leaker of National Security Agency secrets exploded into a diplomatic scramble, as U.S. authorities sought to catch Edward Snowden before he reached his next goal: […]

Three in custody for alleged Colorado drug crime

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According to a report, three people were arrested earlier this month after a traffic stop allegedly revealed methamphetamine in their vehicles. Authorities say the people were driving from California to Denver, but were arrested after K9 units were used to...

James Gandolfini Remembered as an Advocate for Wrongfully Convicted Man

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Following last weeks' news of the sudden death of Innocence Project Artists' Committee member James Gandolfini, New York exoneree Marty Tankleff recounts their friendship and how the late actor helped fight for his innocence. Tankleff was convicted of the murder of his parents and sentenced to life in prison in 1990. He was released from prison after serving 17 years when prosecutors announced that they were dropping the charges. Gandolfini made the eight-hour round-trip drive to Great Meadow Correctional Facility on Tankleff's 36th birthday, reported the Daily News. The actor first learned about the case from a former NYPD detective. "Jim was loyal - it wasn't like he did it for the publicity," the now 41-year-old Tankleff told the Daily News. "That wasn't him. ... He was genuine. He was a big guy, but like a big teddy bear." Two months following that first meeting, Gandolfini appeared in a Brooklyn courtroom at Tankleff's appeals hearing. Gandolfini's support continued after Tankleff was released when Gandolfini presented him with a custom-made Italian suit. "He was a genuine nice person you could sit down and eat dinner with," said Tankleff. "He got involved with my situation where others were reluctant." Read the full article.Watch Tankleff talk about his case at "Be the Witness."

A Shared Commitment to Women’s Equality and Student Safety

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This post is courtesy of the Civil Rights Division. “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance.” –Title IX, Education Amendments of 1972 This week in [...]

Andre Pablo Martinez, Daniel Lombana, and Juan Bazan of Miami-Dade County, Florida Arrested for Animal Cruelty

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Andre Pablo Martinez, Daniel Lombana, and Juan Bazan of Miami-Dade County, Florida were arrested Friday for allegedly operating an illegal slaughterhouse, news sources report. Martinez, Lombana, and Bazan were booked into the Miami-Dade County Jail on charges of cruelty to animals. Lombana's bail bond was set at $15,000; Martinez's at $22,500; and Bazan's at $5,000. The press did not specify a criminal defense lawyer for any of the defendants. According to reports, the incident occurred VIP Animal Sales on Southwest 117th Avenue in southwest Miami-Dade County. While VIP Animal Sales reportedly sells animals for legal religious sacrifice, the defendants were allegedly operating an unlicensed slaughterhouse within the business and employing inhumane techniques. A member of Animal Recovery Mission claimed the animals the defendants were slaughtering included a sheep, a pig, and a rabbit. "The rabbits are stabbed to death, beaten with bats. They are at times skinned, possibly skinned alive," the ARM member reportedly stated about the improper killings. The ARM has a video of the alleged killings that has been released to the public. The video was reportedly recorded on undercover cameras. Police executed a warrant at VIP Animal Sales on Friday and the ARM seized ducks, chickens, rabbits, and a horse. It is unclear how the allegations will affect the day-to-day operations of the business. So far, no one from VIP Animal Sales has commented publicly on the situation. "The cruel dispatching of these animals at an illegal slaughterhouse is exactly what the Florida Legislature wanted to end when it created the animal cruelty statute," a Miami-Dade County Attorney spokesperson stated after the arrests. "Such unnecessary brutality demeans not just the people who do it, but those who would stand by and let it happen." The Animal Recovery Mission was founded by Richard 'Kudo' Couto in 2010, sources say. Before found ARM, Kudo worked with the South Florida SPCA and assisted in uncovering illegal horse slaughter farms throughout out South Florida. On his website, Kudo claims he has "educated himself in every law and matter relating to illegal [animal cruelty] operations in the USA and is highly regarded professionally and publicly." While animal abuse may occur at farms and other animal-related businesses, sometimes it happens right in people's back yards. Rolando Rives of Naples was arrested Wednesday after he was accused of beating eight ducklings to death with a broomstick, reports say. Rives, 55, was booked into police custody on eight counts of animal cruelty. It is unclear whether he qualified for bail or hired legal representation.

Admitting Portable Test Results from the Scene of a New York DWI Arrest to Establish a Defendant's State of Mind

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Not that you'll find many sympathetic ears to listen to this complaint, but if you are accused of or arrested for a New York DWI or DUI crime, things continue to lean in favor of local prosecutors. Forget the fact that those in government are considering lowering the legal limit for a drunk driving crime to .05 or .06 (I have heard rumors of both), New York courts are making it easier for the police and Assistant District Attorney's to use previously inadmissible evidence of driving while intoxicated at trial over the objection of New York criminal defense attorneys and New York DWI lawyers. One such example that both you and your criminal lawyer or DWI attorney need to be aware of is the potential admissibility of a portable breath test (PBT) results taken at the time and place of your arrest. This evidence (it can be terribly damning) can and will be a tool for prosecutors to achieve convictions for crimes including VTL 1192.3. In People v. Carlos Palencia, 1490N-12, NYLJ 1202604831232, at *1 (Co., NA, Decided June 10, 2013), the court addressed the admissibility of the PBT used at the scene of an arrest as proof in People's direct case. There the defendant was charged with VTL 1192.2. While courts are mixed, many say the PBT can solely be used to establish probable cause for a DUI arrest while other courts are permitting its use as direct evidence of intoxication assuming the proper legal foundation is established first. In an interesting twist, however, the prosecution sought to introduce the PBT results in Palencia for a different reason than those described above. That is, Mr. Palencia did not "blow" into an intoxilyzer (breathylizer) and the data was not needed to established he violated VTL 1192.2 by having a BAC .08 or higher. Instead, the People sought to introduce the evidence as to the defendant's state of mind. More clearly (in non legal jargon), it was the prosecution's position that the fact that the defendant knew what he blew at the scene should be used to established the defendant's state of mind (guilty knowledge) when he refused to provide a legal sample back at the police station. Because he knew he was intoxicated at time one, he refused to blow (according to prosecutors) at time two. In coming to a decision on the admissibility of the PBT, the court ruled as follows: "In People v. Aliaj, 36 Misc.3d 682, 946 N.Y.S.2d 430 (New York Co. 2012), the Court specifically noted that there is a need for Appellate guidance on this issue and that trial Courts have been struggling with it for years. The Court went on to note that there is no clear modern rule which governs the standards for determining whether or under what circumstances PBT's administered with today's technology and protocols are admissible at trial. In Aliaj, the Court found that in order to admit the PBT results, the required foundation, in addition to the test's inclusion on the conforming list, had to include the following: that the condition of the operator had been observed for 15-20 minutes; the qualifications of the test giver; the reliability of the testing device; the manner in which the test was administered; and, the record of the test procedure. Id. at 693. In the case at bar, in order for the Court to allow the test results to be admitted into evidence to show Defendant's state of mind, the People will have to prove, at the very least, the reliability of the device by confirming that it is on the conforming list; that the test was administered properly; that the test was administered by a properly qualified administrator; and that the Defendant had knowledge that the test results showed a presence of alcohol." Ultimately, the court permitted the introduction of the PBT and its damning evidence. Would the People's inability to establish the proper foundation bar this evidence? Likely. Would the fact that the evidence would prejudice the defendant keep it from being introduced? Unlikely. Keep in mind that every case is unique, but the legal tools are available for prosecutors to seek admission of PBTs at a DWI or DUI trial. Do yourself a favor...if you are arrested for VTL 1192.2, VTL 1192.3 or any drunk driving crime, think before you speak, be careful about making an admission and do not be afraid to ask to consult with a DWI lawyer before agreeing to submit to any chemical test. Your rights are there to exercise. To learn about New York DWI laws and DUI crimes, Hardship and Refusal Hearings or other areas of the New York Vehicle and Traffic Law, read through the links above and below. Crotty Saland PC is a New York criminal and DWI defense firm. Founded by two former Manhattan prosecutors who both served in the DWI Unit, Crotty Saland PC represents clients in DUI and DWI arrests throughout the New York City region.

Tyler Magoon and Jake Holmes of Key Largo, Florida Arrested for False Imprisonment

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Tyler Magoon and Jake Holmes of Key Largo, Florida were arrested Thursday after they were accused of following two teenage girls home and scaring them with a mask, news sources report. Magoon, 20, was booked into the county jail on charges of wearing a mask while on someone else's property and false imprisonment; Holmes was booked into custody on a charge of principle in the first degree to the crime of false imprisonment. It is unclear whether either of the defendants qualified for bail bond. Reports did not specify a lawyer for either of the defendants. According to reports, the incident occurred on Monday. The two victims were walking home from a Key Largo park when they reportedly noticed two strange men, Magoon and Holmes, following them. One of the men was reportedly wearing what appeared to be a mask molded to look like an elderly man's face. Scared, the victims began to run home. Magoon and Holmes allegedly kept pace with the victims and followed them to their residence at the Port Largo Villa condominium complex. The victims sprinted up a set of stairs and Magoon, who was wearing the mask, reportedly followed closely. One of the victims opened her door, behind which her dog was waiting, and threatened to order the dog to attack Magoon. Reports say Magoon turned and left, removing his mask as he did; the victim was able to see his face before he left, sources indicate. The victim allegedly also saw Holmes, unmasked and laughing, at the bottom of the stairs. The victims were not amused and called police. Detectives caught up with Magoon and Holmes and conducted a photo line-up in which the victim identified the two men, sources say. Both defendants were arrested Thursday, during which a mask was found in Holmes's vehicle, reports say. Magoon wasn't the only Florida residents sporting a mask this past week. A suspect wearing an Iron Man mask allegedly robbed a Flagler County bank Thursday, reports say. The suspect fled the scene following the robbery and has thus far evaded arrest. Police are currently conducting an investigation and are asking for the public's help in identifying the thief.

Natalie Delgado of Pompano Beach, Florida Arrested for Underage DUI

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Natalie Delgado of Pompano Beach, Florida was arrested Wednesday after she was accused of drunkenly driving on the wrong side of the road, news sources report. Delgado, 20, was booked into the Broward County Main Jail on charges of DUI and underage drinking. A judge ordered that she be held in lieu of $25,000 bail bond. The press did not specify an attorney for Delgado. According to reports, Delgado works as a bartender at an area bar, though reports did not specify which one. Sources also say this is the second time Delgado has been arrested for DUI since February. However, the details of the prior case are not currently known. Reports say the incident occurred around 2:45 Wednesday morning on Interstate 595. A Florida Highway Patrol unit reportedly witnessed Delgado "traveling in the wrong direction and on the wrong side of the roadway." The trooper pulled Delgado over near State Road 7 and approached her vehicle on foot. As the trooper drew near, Delgado reportedly exited her vehicle in a state of undress. "[Delgado] was not wearing her pants," the FHP trooper reportedly said in his report. "She reached behind the driver's seat to get her pants [and then put her] pants on." Delgado explained that she was on her way home from her job as a bartender and said she had not consumed any alcohol, reports say; however, she later allegedly modified the story and said she had a single shot of tequila. The trooper conducted a sobriety test, during which Delgado unsuccessfully tried to touch her heel to toe and struggled to keep her balance, reports say. During a court appearance later, a Broward County Judge said, "You've been arrested for DUI twice now ... clearly you didn't learn from that, and now you're out drinking tequila and driving again and not wearing pants. The court's very concerned, ma'am. You're out of control." The judge added, "The court believes you're a danger not only to yourself, but everyone else in the community. You're not even supposed to be drinking." In other news, Kaliyha of Tampa was arrested Tuesday after he was accused of stealing two puppies and trying to sell them, reports say. Kaliyha, 14, whose last name is being withheld because of his age, was booked into police custody on charges of third degree grand theft. It is not yet known whether he has been released or if he or his family has obtained legal representation.

Supreme Court Holds that Juries Must Decide Facts Which Increase Mandatory Minimum Punishments

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The U.S. Supreme Court handed down a decision last week in Alleyne v. United States, which ruled that juries must decide any facts which could increase the minimum mandatory sentence for a defendant. Previously, judges would often decide such facts without any finding of fact from the jury. SupCt.jpg The case before the Supreme Court involved Allen Alleyne who was convicted of robbery and use of a firearm during the commission of a crime. During trial, the prosecution asserted that one of Alleyne's accomplices "brandished" a firearm during the commission of the robbery. However, on the jury's verdict form it found that a firearm was "used" and/or "carried" during the commission of the crime, not "brandished." For sentencing purposes, the judge presiding over the trial determined that a weapon was "brandished" despite the jury's silence on the matter. Due to the judge's decision, Alleyne received an increased mandatory minimum punishment of seven years. The subtle difference between "carrying" or "brandishing" a weapon during the commission of a crime can change the mandatory minimum sentence from five years to seven years. Alleyne objected to this increase in punishment at sentencing, and he argued that such an increase, without a finding of fact by the jury that he brandished the weapon, violated his Sixth Amendment rights. The Supreme Court agreed with Alleyne by stating "[b]ecause mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an 'element' that must be submitted to the jury." This ruling means that any fact that can increase punishment for a crime will now have to be proven "beyond a reasonable doubt" to the jury before the increased sentencing can be applied. Accordingly, in Alleyne's matter, the trial court's decision was reversed and remanded for sentencing based on its ruling.

Wayland & O'Brien on Prejudicial Psychiatric Labels

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Kathleen Wayland and Sean O'Brien (Habeas Corpus Resource Center and University of Missouri at Kansas City - School of Law) have posted Deconstructing Prejudicial Psychiatric Labels: A Guidelines-Based Approach (42.1 Hofstra L. Rev. (2013), Forthcoming) on SSRN. Here is the...

Crash in Kimberly partially blocks the road for 2 hours.

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 6/24/13 - 4:00 pm Please direct questions to the District Office On June 24, 2013, at approximately 8:30 a.m., Idaho State Police investigated a two-vehicle crash on U.S. Highway 30 near milepost 224, in Kimberly. Jose Ortiz, 34 of El Paso, Texas, was driving east in a 2007 Peterbuilt tractor pulling a semi-trailer. Kathy Baker, 57 of Kimberly, was driving west in a 2010 Honda Accord and collided with Ortiz's semi-trailer. Neither driver was injured. Baker was arrested and charged with Driving Under the Influence. The westbound lane of U.S. Highway 30 was blocked for approximately two hours while crews cleared the scene. -------------

60 Minutes Features Michael Morton

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Sunday night's episode of 60 Minutes featured a segment on the case of Texas exoneree Michael Morton and the role of prosecutorial misconduct in his wrongful conviction. The segment first aired last March and has since been updated to reflect Morton's recent news: his wedding, passage of the Michael Morton Act and the criminal charges brought against the prosecutor who withheld evidence in his case. Watch the full segment, "Evidence of Innocence: The case of Michael Morton." Read more about Morton's case. Learn more about the prosecutor facing criminal charges for withholding evidence.

Bloomberg News: U.S. Surveillance Is Not Aimed at Terrorists

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Bloomberg News: U.S. Surveillance Is Not Aimed at Terrorists by Leonid Bershidsky: [...] Read more!

New York City Council Members Call for Forensic Oversight

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Forensic Policy Advocate Sarah Chu testifies before New York City Council.At a New York City Council Committee hearing today, council members questioned representatives of the city's Office of the Chief Medical Examiner (OCME) about its lack of forensic oversight in light of the recent discovery of a decade of systemic mishandling of sexual assault kits and repeated failures to upload DNA evidence into the state DNA database. Innocence Project Forensic Policy Advocate Sarah Chu testified at the hearing-Oversight: Examining the Need for Meaningful Transparency, Review and Reporting in the Office of Chief Medical Examiner-about the role of forensic science error in wrongful convictions and in support of proposed legislation to increase transparency and change OCME procedures. The new bills are sponsored by Health Committee Chair Maria Del Carmen Arroyo and Council Member Julissa Ferreras. The hearing was a joint session of the Health Committee and the Committee on Women's Issues. Read the Innocence Project's Statement.

Supreme decision is upheld

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The defendant is appealing a judgment made by the Supreme Court in Albany County. The judgment convicted the defendant of murder in the second degree, conspiracy in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree. Case Background The girlfriend of the defendant was shot in the head and killed. In connection with the murder, the defendant was charged with murder in the second degree, manslaughter in the first degree, conspiracy in the second degree, and criminal possession of a weapon in the second degree. As a part of the same indictment, the defendant was also charged with criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree for being in possession of two handguns that were apparently not used in the murder. The defendant motioned to have those two counts severed from the indictment, but this motion was denied by the Supreme Court. At the end of the trial, the jury acquitted the defendant of the count of criminal possession of a weapon in the second degree for a handgun unrelated to the murder, the lesser manslaughter count was not included, and the defendant was convicted on the other counts of the indictment. The defendant is appealing. Court Discussion The defendant argues that the supreme court abused its discretion by refusing to sever the two counts of the indictment. However, the court finds that the Supreme Court did not abuse its discretion in the matter. The counts were properly joined because they were defined by the same or similar statutory provisions as the count for criminal possession of a weapon in the second degree related to the handgun that was used to commit the murder. The jury acquitted the defendant of one of the weapon charges, which showed that they could separately consider proof on each of the counts of the indictment. The defendant further argues that the evidence was not legally sufficient to support the verdict. When reviewing the evidence of the case, the evidence is found to be legally sufficient to confirm the jury’s convictions for the counts in the indictment. Even though the defendant testified that he did not own the handguns in question, there were several officers that offered testimony stating that the defendant confessed to the white collar crime. The defendant admitted that he and another individual had planned to kill the victim and that the defendant shot her with a .357 Magnum handgun. While a person cannot be convicted solely on his or her own confession without additional proof, the corroborating proof does not have to establish guilt or every detail of the crime. Court Decision The evidence in this case supported the verdict and the other arguments made by the defendant in the case are found to be without merit. The judgment made in the Supreme Court is affirmed.

SEC Wins Some, Loses Some in Aggressive Insider Trading Case, SEC Doesn’t Know Who Tipped in All Know Insider Trading Case

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In a decision rendered from the United States District Court for the Northern District of Illinois, Eastern Division, Judge Ronald Guzmán granted summary judgment on the SEC’s insider trading claims as to three defendants but allowed claims as to one Read More

Metzger on Confrontation Control

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Pamela Metzger (Tulane University - Law School) has posted Confrontation Control (45 Texas Tech Law Review 83 (2012)) on SSRN. Here is the abstract: After Crawford v. Washington, 541 U.S. 36, 42 (2004), face-to-face confrontation between accused and accuser is...

Kane County Fails to Report Thousands of DUI Convictions

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According to an official at the Illinois Secretary of State's Office, the Kane County Clerk's Office failed to electronically report approximately 5,600 DUI cases from 2002 to 2008. Former Kane County circuit clerk Deborah Seyller allegedly blamed a software problem. However, the maker of the software stated that Kane County failed to pay to update, maintain or repair its system in years. The Secretary of State became aware of the problem in September, when they recieved a number of old convictions from 2007 and 2008. The Kane County Clerk's office has been catching up in batches of 100 by hand and reportedly has reduced the backlog to 2002 and 2003. The failure to report these convictions prevented thousands of driver's license revocations from taking place until recently. Many of these individuals have received or will soon receive notices of revocation. A driver convicted of DUI in 2002 may still hold a valid license and face revocation a decade later. They are then required to have an administrative hearing before the Secretary of State in order to regain driving privileges or a restricted driving permit (RDP). Thousands of DUI records from Kane County under review, www.kcchronical.com, June 21, 2013

Nevada Assembly Bill Decriminalizing Marijuana Dies

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Nevada Marijuana BillNevada Assembly Bill 402, which would have decriminalized possessing, using and cultivating pot under certain established regulations, died in committee. The bill would have established a minimum age limit of 21 for usage and instituted a 25% excise tax. However, the legislature did pass a bill that does permit Nevada medical marijuana dispensaries under certain limited conditions. The application to open Nevada medical marijuana dispensaries asks for various information including: The physical address of the prospective dispensary; evidence that the applicant controls at least a quarter of a million dollars in liquid assets; evidence that the applicant has permission to use or own the property where the dispensary would be located; the applicant's fingerprints; and operating procedures. There are only 10 business days a year that the Nevada State Health Division accepts medical marijuana establishment applications.
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