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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: 07/04/2013 3:58 a.m.
Please direct questions to the District Office
On July 4th, 2013 at approximately 1:16 a.m., a McCall Police Department Officer was attempting to catch up with a speeding motorcycle. The motorcycle rider failed to negotiate a curve on State Highway 55 near Knowles Road, outside of McCall, and left the roadway. The rider was thrown from the motorcycle. Highway 55 was shut down in both directions for over an hour while Troopers investigated. The driver of the motorcycle was transported to St. Luke's McCall. The driver was not wearing a helmet at the time of the crash. This crash remains under investigation by the Idaho State Police.
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Motorcycle crash on Highway 55, near McCall, sends one to the hospital
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Born on the Fourth of July
<font style="FONT-SIZE: 12px" face="Arial">Houston criminal defense lawyer Rob Fickman, whose Stetson just happens to fit me perfectly, came up with an idea a few years ago.He thought that July
4th, Independence Day, would make a damn fine day for the reading of the Declaration of Independence, adopted by the Continental Congress.<br>
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And so the <a href="http://www.tcdla.com/imis15/TCDLA/About/Fourth_of_July_Readings.aspx" target="">Texas Criminal Defense Lawyer Association</a> began a program of reading the Declaration
on the Fourth of July. Yes, they actually do it on July 3rd at ...</font>
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CA5: Defendant's consent was strictly limited and limit was ignored; suppressed
Defendant was stopped for a traffic offense, and the officer had a tip that he had drugs. When consent was sought, defendant said only his luggage, memorialized on video. The officer started searching and searched the whole car, finding a hidden panel in the door. The search far exceeded the consent, and the search should have been suppressed. United States v. Cotton, 2013 U.S. App. LEXIS 13537 (5th Cir. July 2, 2013):
[...] Read more!
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THE LAST FULL MEASURE OF DEVOTION
"The last full measure of devotion" are words from Abraham Lincoln's Gettysburg address. It was the phrase Lincoln used to honor the dead: They gave the last full measure of devotion. Poetic words that ring true on the 150th anniversary of the Gettysburg battle.But the words do not honor just the dead of Gettysburg. The phrase has come to be used to honor Americans who gave their life for their country, their community, their home.Mike Barnacle, the Boston Globe columnist, used Lincoln's phrase to honor the 19 firefighters who dies fighting a fire in Arizona last week. The 4:23 video gives a short synopsis of each of the brave young men who died giving their last full measure of devotion.We are thinking of those men on this Fourth of July.The Declaration of Independence famously states Jefferson's immortal phrase: "We hold these truths to be self evident, That all men are created equal. . ."But when it comes to bravery, not all men are equal.Visit NBCNews.com for breaking news, world news, and news about the economySite Feed
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E.D.Mo.: During traffic stop, defendant's nervousness and being on parole justified patdown
Defendant was stopped for weaving, and it was likely he was under the influence by his appearance and mannerisms and the smell of alcohol. His nervous behavior with his arms and finding out he was on parole justified the patdown. United States v. Chambers, 2013 U.S. Dist. LEXIS 92227 (E.D. Mo. June 3, 2013).*
On a motion to reconsider a Terry stop after a drug deal elsewhere under Bailey, the court decides that there were independent facts for the stop here that separates the case from Bailey. United States v. McGowan, 2013 U.S. Dist. LEXIS 92896 (N.D. Ala. May 29, 2013).*
Defendant’s furtive movement was hiding a ski mask under his leg, and that justified the officer asking for it. Commonwealth v. Letkowski, 2013 Mass. App. LEXIS 114 (July 1, 2013).*
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Last Words From Death Row
The Death Chamber at the Huntsville Unit in TexasThis post is straight from Texas, our most prolific death penalty state. Texas has executed over 800 death row inmates since the SCOTUS ruled in 1976 that the death penalty was not cruel and unusual punishment after all.A typical death house drill includes the condemned selecting and consuming one last meal and, just prior to execution, is provided an opportunity to make a statement. In Texas, these statements have been posted to this Texas Department of Corrections link, along with a brief summary of the inmate's capital conviction.Fascinating stuff, to be sure. Some of the most hardened inmates decline comment. Others make one last assertion of innocence. Invocations of Allah and Jesus abound; saying goodbye to family and loved ones, promising to wait for them on the other side; exhortations to the system that crushed them and to the brothers they left behind on the rowCharles Thomas O'Reilly, the recently retired warden of the Huntsville Unit, the prison that houses the death house, presided over 140 executions; the most in Texas history.The death penalty is and has always been a divisive issue in America. 32 states have death penalty sentencing statutes to the 18 that have banned such punishment, including, most recently, New York, and New Jersey in 2007, and Illinois in 2009.In the 1972 case of Furman v Georgia, the SCOTUS suspended capital punishment on the basis of the 8th Amendment bar against cruel and unusual punishment. Then four years later, SCOTUS reinstated capital punishment for murder convictions, provided a trial was bifurcated into two segments: a guilt phase, and a punishment phase where the trier of fact gives separate and specific consideration to the punishment and the convicted defendant has the opportunity to present evidence on mitigation.Last week, Kimberly McCarthy was executed in Texas. She was the 500th person in Texas to be executed since it resumed executions in 1982, and the 13th woman to be executed in the United States since the 1976 resumption of the death penalty. Back in 1998, Karla Faye Tucker was another infamous female death row inmate. She was the subject of the book Crossed Over.Truly, do not mess with Texas. Texans are willing to walk the fine line between the fair and the harsh.www.waterfordlegal.cominfo@waterfordlegal.com
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Women in jail, growing court dockets, corrupt cops on steroids, and the privacy impact of federal databases
Here are a few stories that caught my attention perusing the news this a.m.. Happy Independence Day!More women among Texas jail inmatesMost Texas jails aren't overcrowded but many are feeling the pinch from a change in inmate demographics, with more women in the mix than some jails have designated facilities for them, reported the Amarillo Globe-News. This trend has been going on for a while but the article provides a good regional perspective. BTW, it had been too long since I checked in at the Texas Jail Project website, which has lots of interesting stuff up. check it out.Women's theater troupe from Travis jail schedules public performancesSpeaking of women in jail, folks in the Austin area may be interested in the first-ever public performance by Conspire Theatre (July 12-14), a women's theater workshop run by volunteers out of the Travis County jail. The event will be catered by Central Market.Solutions to large court dockets: Fewer defendants or more judgesHarris County criminal courts suffer from lengthy dockets. Many of the judges, led by Judge Michael McSpadden, had asked the Legislature to help them by reducing less-than-a-gram drug offenses from a state jail felony to a Class A misdemeanor, getting them out of the district courts. Charles Kuffner, by contrast, says if Harris County needs more courts they should just ask the Lege for them. A tad late for both suggestions, really. No way the governor puts these issues on the call and the Lege doesn't meet for a year and a half.Will feds pursue corrupt police steroid users as aggressively as star athletes?The feds have indicted 17-year Arlington police veteran Thomas Kantzos on charges of using secure databases on behalf of a steroids dealer. We already know this is just the tip of the iceberg. Reported the Dallas Observer, "At least two of the license plates checks were conducted by Kantzos' Arlington PD colleagues when he wasn't at work." Will the feds go after others in the department who allegedly ran license plates for drug dealers or lied about using steroids as aggressively as they did star athletes like Roger Clemens or Marion Jones? I doubt it. See prior Grits coverage of the Arlington case.Many more private prisons remain after Lege, TDCJ shut two downIt was an important victory for taxpayers, reformers and plain ol' common sense that Texas decided to shut down two private prison facilities this year. As this map from Texas Prison Bidness shows, however, the state remains littered with private prisons to a quite remarkable degree. And the city of McAllen just put out an RFP to possibly build another one.Privacy impacts of federal databasesCheck out this long list of links to "Privacy Impact Statements" for every criminal justice database used by the US Department of Justice/FBI.Texas Redistricting and Election Law BlogOff topic, but for those following redistricting issues and the potential impact of SCOTUS striking down Sec. 5 of the Voting Rights Act, check out the Texas Redistricting and Election Law Blog if you haven't already. Good stuff.
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Independence Day Cheer for Sedrick Courtney
This year on Independence Day, the Innocence Project celebrates good news for our client, Sedrick Courtney. Courtney and his wife, Tina, have recently welcomed daughter Ja'Kobe Jean into the world and are getting her into the festive spirit to help celebrate Courtney's first Independence Day as an exonerated man since his ordeal began in 1995. Cleared through DNA testing in July 2012, Courtney is one step closer to winning compensation for his 15 years of wrongful imprisonment. An Oklahoma Supreme Court decision this week has paved the way for Courtney to sue for compensation from the state. Oklahoma is one of 29 states that offer statutory compensation to the wrongfully convicted, though the amount, at a maximum of $175,000, falls well below the national standard of $50,000 per year of wrongful imprisonment. So far, eight people have been exonerated through DNA testing in 2013. Learn how you can help them build new lives after exoneration here. Read coverage of the recent news in Courtney's case.Read more about Sedrick Courtney.
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Maybe He Meant It
When Tim McGinty ran for prosecutor in Cuyahoga County, he said he'd take a different approach to the death penalty. No more would they just charge capital cases right and left. No more pursuing death just to use the charges as bargaining chips. Care, consideration, what's really appropriate. That's what he said.There was a fair amount of eye-rolling.But the numbers are down. McGinty's office has, in fact, brought far fewer capital indictments than his predecessor.And now there's this.Billy Slagle is next up for execution here in the Buckeye State. They've got it planned for August 7. He was sentenced to die for the brutal murder of Marie Anne Pope in 1986. For almost 30 years now, prosecutors in Cuyahoga County have pushed for his death.And now there's this headline to an AP story:Prosecutor: Inmate Shouldn't BE Executed.Which is pretty much extraordinary. And something for which McGinty deserves serious praise. I don't have the letter. But here's the press release. McGinty Press Release by jmgamso
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We Hold These Truths
Guilt sells in America, innocence does not. More often than not, the public tunes in for guilt, and changes the channel for innocence. Either innocence is boring to them, or they take a perverse joy in believing some defendant they know nothing...
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Sheriff requests Facebook investigation
7-4-2013 Idaho:
The Idaho State Police will investigate allegations the Latah County Sheriff's Office misused its Facebook page to harass a 19-year-old Pullman man who committed suicide days...
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MO - Nixon vetoes sex offender measure
Gov. Jay Nixon
Original Article
07/03/2013
By CHRIS BLANK
JEFFERSON CITY - Gov. Jay Nixon on Wednesday vetoed legislation that he said would remove sex offenders who commit their crimes as juveniles from websites that let the public know who they are, a day after he signed a measure that strengthens laws against sexual offenses.
Nixon said the vetoed measure is too broad.
“It would grant this relief to juvenile sex offenders regardless of the sexual offense for which they were...
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GA - Cave Spring police officer (Patrick Edward Earwood) arrested on aggravated sodomy and child molestation
Patrick Edward Earwood
Original Article
07/02/2013
By Kim Jarrett
Cave Spring Police Chief Jerry Ely said he has fired one of his officers after the man’s arrest Monday on sex charges.
Patrick Edward Earwood, 31, of 16 Park St. in Cave Spring, is accused of sexually assaulting two teenage girls while on duty, according to Sgt. Teri Davis of the Floyd County Police Department.
He is charged with aggravated sodomy and aggravated child molestation — both felonies — in relation to...
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CT - Details Emerge in Fed Case Against Ex-Cop (Samuel DiProto) Charged With Child Porn Possession
Samuel DiProto
Original Article
07/02/2013
By Cassandra Day
Federal criminal court records detail photographs purportedly depicting the "bondage" of a clothed 6- to 7-year-old girl taken in the former Middletown police officer's Cromwell home.
Federal authorities have released more damning evidence against the the retired Middletown Police officer charged with possession of child pornography and inappropriate contact with a minor.
Samuel DiProto, 61, of Cromwell is being held in...
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MO - Prison guards 'forced inmates to have gladiator-style fights with other prisoners for entertainment'
Original Article
07/02/2013
Inmates in St Louis have revealed that they were forced to fight each other in order to entertain prison guards.
Now thirty inmates want to join the existing group of eight who have filed a federal lawsuit against the prison guards at the Medium Security Institution on Hall Street as they claim they were baited into fighting one another for their keeper's amusement.
Five guards were named in the suit and they were said to be the ones who forced inmates to...
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NC - Ex-cop (Mickey Edwin Cook) used camera to secretly record female tenant
Mickey Edwin Cook
Original Article
07/04/2013
By Michael Barrett
A retired Gaston County Police sergeant was arrested Thursday and charged with using a video camera to secretly record a female tenant.
Mickey Edwin Cook, who will celebrate his 64th birthday Friday, was charged with misdemeanor secret peeping. He was released from the Gaston County Jail after posting a $2,500 bond.
Cook and his wife have a small apartment beside their home that they had been renting to a woman in...
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The Other Side to the Alleged IRS Targeting
Noted here were the initial reports of alleged IRS targeting. The NYTimes tells the other side here. Perhaps this is a good time to appoint an independent non-political individual or entity to look into what really happened here, if anything....
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Freispruch nach tödlichem Sex-Unfall
Nach fünf Jahren sprach das Gericht einen Mann von dem Vorwurf der Körperverletzung mit Todesfolge frei. Die Anklage warf dem 45-Jährige vor, dass er die Frau, eine junge Anwältin, beim Sex erwürgt habe. Der Mann beteuerte seine Unschuld und behauptete, dass er die Tote gar nicht gekannt habe. Zum konkreten Tatvorwurf schwieg der Angeklagte . . . → Read More: Freispruch nach tödlichem Sex-Unfall
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Two Sisters, One Car, Two DUI Charges?
Two sisters in Miami attempted to fool police officers by switching seats after a police officer tried to stop their car for suspicion of driving under the influence. Instead of fooling the officer, both sisters ended up being charged with DUI. The incident unfolded last month when Steffany Miranda, 18, and her sister Vanessa Miranda, [...]The post Two Sisters, One Car, Two DUI Charges? appeared first on The Appelman Law Firm Law Blog
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AL - Murder suspect (Jose Manuel Martinez) confesses to killing more than 30 people
Original Article
And yet people like this (serial killers) you don't see on some online registry!
06/13/2013
LAWRENCE COUNTY (WAFF) - Police confirm a Tennessee Valley murder suspect may have been one busy killer. Jose Manuel Martinez is charged with murder for one killing in Lawrence county and may be connected to dozens of other murders.
Lawrence County Sheriff's investigators said they put his name on the national crime information center database and an hour later got a hit from...
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