Jupiter man arrested on claims he tried to extort $25,000 from attorney

August 17, 2013, 2:03 pm

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News reports are claiming that Stuart Police Department arrested a Jupiter man on charges that he tried to extort $25,000 from his attorney. He is being held in Martin County Jail. The man, Michael Stuart Pomerantz, was arrested at the attorney's office Friday, according to law enforcement. The police spokesperson said that the attorney came to an agreement 2009 with Pomerantz and another person to buy property. Eventually, Pomerantz and the second person filed a lawsuit against the attorney, which resolved through the mediation process. However in June of this year, Pomerantz allegedly told the attorney he would pursue criminal charges and alert the Florida Bar to the actions alleged in the 2009 lawsuit -- unless the attorney agreed to give him $25,000. Detectives conducted several controlled calls between the attorney and Pomerantz. In one, Pomerantz agreed to come to the attorney's office on this past Friday to receive the money. Audio and video surveillance equipment were set up to take the Friday meeting and it recorded Pomerantz allegedly telling the attorney: "You paid your debt. You owed me the money. We are even. You have my word." Stuart Detectives arrested Pomerantz inside the attorney's office. Extortion, also known as blackmail, describes a threat made in order to take another person's money or property, or to compel another person to act or not act. Extortion is a second degree felony in Florida. A conviction can result in term of imprisonment for up to fifteen years, a fine in an amount up to $10,000, or both.

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The defendant's remaining contentions are either unpreserved for appellate review or without merit.

August 17, 2013, 3:03 pm

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This is an appeal by the defendant, as limited by his brief, from a sentence of the County Court, Suffolk County, and imposed October 26, 1994. A Suffolk Criminal Lawyer said that, the defendant pleaded guilty to conspiracy in the fifth degree in connection with his purchase of cocaine from another individual. At sentencing, the court suspended the defendant's driver's license for a period of six months, in accordance with Vehicle and Traffic Law § 510(2)(b)(v), because the defendant's conviction was drug-related. A Suffolk Cocaine Possession Lawyer said that, on appeal, the defendant argues that the court improperly suspended his driver's license because Vehicle and Traffic Law § 510(2)(b)(v) provides for such suspensions where one is convicted of a crime defined in article 220 or 221 of the Penal Law, and he was not convicted under either article. The issue in this case is whether the court erred in suspending defendant’s driver's license. The court disagrees. At the outset, the court notes that it is not the Penal Law, but the Vehicle and Traffic Law which requires construction in this case. It is well settled that suspension or revocation of a driver's license is a civil, not a criminal, sanction. Thus, we construe the statute at issue so as to give it "a sensible and practical over-all construction, which is consistent with and furthers its scheme and purpose and which harmonizes all its interlocking provisions". The purpose of former Vehicle and Traffic Law § 510(2)(b)(v) was "to continue State eligibility for the full amount of federal highway funds" by complying with 23 USC § 159. Under 23 USC § 159, the Federal government enacted legislation to withhold Federal highway funds from any State that has not enacted "a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception" the revocation, or suspension of at least 6 months, of the driver's license of any individual who is convicted of "any drug offense" (23 USC § 159[a][3][A][i][II]. "Drug offense" is defined, inter alia, as any criminal offense which proscribes "the possession sale, transfer, or the attempt or conspiracy to possess sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act" (23 USC § 159[c][2][A]. Therefore, the defendant's admission that he conspired to possess cocaine was a "drug offense" which warranted suspension of his driver's license. Viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to establish the defendant's guilt of criminal possession of a controlled substance in the first degree. The defendant was found standing in close proximity to a table holding approximately 12 ounces of cocaine, at least some of which was in open view, and aluminum foil, a scale, and a spoon. When narcotics are found in open view in a room other than a public place, under circumstances evincing intent to unlawfully mix, compound, package, or otherwise prepare them for sale, every person in close proximity to the narcotics at the time of their discovery is presumed to have knowingly possessed them. Although this presumption is rebuttable, in this case, based upon all the evidence, the jury could have properly drawn the inference of criminal possession from the defendant's presence at the place of discovery. Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence. The court finds that the charge, when read as a whole, adequately instructed the jury as to the People's burden of proof with respect to circumstantial evidence. The trial court instructed the jurors that they were required to find that the inference of guilt was the only inference that could be fairly and reasonably drawn from the facts and that the facts had to exclude every hypothesis but that of guilt. The defendant's remaining contentions are either unpreserved for appellate review or without merit. Accordingly, the court held that that the sentence is affirmed.

Supreme Court Upholds Trial Court’s Dismissal of DUI Charges After Video of Arrest Lost

August 17, 2013, 3:14 pm

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This was posted today on the TN Courts website. The Tennessee Supreme Court, in a unanimous opinion, today upheld a trial court’s dismissal of DUI and other charges against a McMinnville woman because a video recording of the woman’s stop and arrest was lost.In November 2010, a McMinnville police officer pulled over Angela M. Merriman because she veered into his lane of traffic from a center turn lane. After attempting to conduct several field sobriety tests, the officer placed Ms. Merriman under arrest. She told the officer she had taken a Valium and hydrocodone earlier that day. A camera in the police officer’s vehicle captured video of the traffic stop, the attempted field sobriety tests, and the arrest.The officer referred to the video during his testimony at Ms. Merriman’s preliminary hearing. When defense lawyers sought access to the recording, however, they were told that the video was missing. Subsequently, Ms. Merriman filed a motion to dismiss the indictment on the grounds that the State failed to preserve evidence that potentially could exonerate her.The trial court granted the dismissal at a pre-trial hearing, applying a 1999 Tennessee case that sets forth the procedure for determining whether a trial conducted without the lost evidence would be fundamentally fair to the defendant. In this case, the trial court first determined that the State had an obligation to preserve the video of Ms. Merriman’s stop and arrest, applied the three remaining factors from the 1999 case, and concluded that it would not be fair to continue to trial without the video.The Court of Criminal Appeals agreed, concluding that the trial court did not abuse its discretion in dismissing the charges.In its Opinion released today, the Supreme Court upheld the dismissal, concluding that the State had a duty to preserve the video recording and failed in that duty when the video recording was lost. Because of the obligation to preserve evidence that could possibly clear Ms. Merriman of wrongdoing or assist in her defense, the Court then looked at the other three factors outlined in the 1999 case. It determined that the loss of the video recording resulted from simple negligence; the lost evidence had significance when considered in light of all the other evidence, and its loss prevented viewing the event as it had occurred; and the sufficiency of the other evidence was inconclusive. The Court determined that the loss of the evidence deprived Ms. Merriman of her right to a fair trial.To read the majority opinion in State of Tennessee v. Angela Merriman, authored by Justice Janice M. Holder, visit the Opinionssection of TNCourts.gov.

VA - Ex-Staunton cop (John C. Nuckolls) back behind bars

August 17, 2013, 3:30 pm

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Original Article 08/16/2013 By Brad Zinn STAUNTON - A former Staunton cop who was granted bond last month in a pending sex case is back behind bars after violating a condition of his bond, court records show. John C. Nuckolls, 55, is being held at Middle River Regional Jail in Verona. Nuckolls, an ex-Staunton cop and one-time school resource officer, faces two charges of attempted indecent liberties with a minor and two charges of use of electronic means to solicit sex from a... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

NY - Corrections officer (Michael Mangarillo) accused in child sexual assault

August 17, 2013, 3:53 pm

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Michael Mangarillo Original Article 08/15/2013 MOOERS - A Mooers man is accused of sexually assaulting a 12-year-old girl whom was visiting his home last year. On Tuesday, New York State Police arrested 55-year-old Michael Mangarillo, an Altona Correctional Facility officer, on one count of predatory sex assault against a child. Authorities say a search of Mangarillo’s home turned up evidence that corroborates the victim’s statement. Police did not say what the evidence... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

Petitioner, therefore, seeks from this court a ruling De novo on the issue as to whether his wearing clerical garb would prevent a fair trial of the indictment herein.

August 17, 2013, 3:54 pm

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A Kings Marijuana Possession Lawyer said that, petitioner an attorney admitted to the Bar in the State of New York and employed by the Legal Aid Society, Criminal Defense Division, since 1973, and a Roman Catholic priest, seeks permission of...

Health care fraud conviction reinstated after court of appeals finds the evidence of guilt was sufficient

August 17, 2013, 4:09 pm

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In U.S. v. Vernon, the defendants were convicted of health care fraud following a trial. The charges involved dispensing factor medication, a blood clotting medication used to treat hemophilia. Defendant Vernon ran a specialty pharmacy that dispensed prescriptions for factor medication, an expensive medication that earned big profits as a result of the high Medicare reimbursement rate. In order to gain more factor medication business the business would pay individuals and businesses large percentages of its profit for referring their hemophiliac clients to the defendant's company for filling prescriptions. Other defendants were paid kickbacks of up to 45 % of the profit earned from filling the prescriptions for clients. Another defendant, Waters, had several family members who were hemophiliacs and he moved these patients from the competitor to the Vernon's pharmacy after he was hired by the company as a full time employee and he signed a contract as a hemophilia sales associate earning $400,000 in 2007, $700,000 in 2008, $325,000 in 2009, together with many fringe benefits. In exchange for these payments Waters ensured that his hemophiliac clients filled their medication through defendants' company. He did not recruit new patients as his contract required. The jury found Vernon guilty of violating the anti-kickback statute, which criminalizes the offering or paying of kickbacks. Following the verdict the court set aside the guilty verdict and granting his Rule 29 motion. The government appealed. Two defendants appealed the denial of rule 29 motions. The 11th Circuit reversed the district court's order granting Vernon's Rule 29 motion because it found sufficient evidence Vernon violated the Anti-Kickback statute,42 U.S.C. 1320a-7b(b)(2)(A) by knowingly and willfully paying money to Brill, who had "clients" that were also hemophilia patients. The evidence showed that the purported employee relationship between Waters and the Vernon's company was sham. Waters worked at home rarely visiting the office, received no oversight or direction from the pharmacy, spent most of this time in casinos or performing other non-work related tasks. Another defendant, Brill, referred to Vernon's pharmacy to fill their prescriptions in exchange for payments. The court rejected Vernon's argument that the language "to induce" Brill "to refer an individual" to Vernon's pharmacy was a term of art that means a request by a physician for an item or service. It found it included referring by any individual and could apply to Brill. Vernon also argued the jury instruction misstated the anti-kickback law because it allowed the jury to convict him without finding the required nexus between the improper referrals and Medicare coverage that is without finding that Jeff Vernon and the pharmacy paid kickbacks for the referral of patients whose factor medication prescriptions were covered by Medicaid. He argued that the jury instructions allowed convictions so long as the referred patients received Medicaid benefits for some health care services, even services unrelated to the illegal referrals. The 11th Circuit found no error because any doubt left by the instruction was cured by the indictment itself which set forth the required nexus between federal health care benefits and the services provided to patients.

'America is waking up to the cost of mass incarceration'

August 17, 2013, 4:57 pm

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What do Texas Governor Rick Perry and US Attorney General Eric Holder have in common? Via The Economist:ERIC HOLDER and Rick Perry (pictured) have little in common. America’s attorney-general is black, liberal and uses the word “community” a lot. The governor of Texas is white, conservative and says “God” a lot. Last month Mr Holder’s Justice Department sued Texas for allegedly trying to make it harder for blacks to vote. Last year Mr Perry ran to unseat Mr Holder’s boss, Barack Obama. On one thing, however, the two men agree. On August 12th Mr Holder said: “Too many Americans go to too many prisons for far too long, and for no truly good law-enforcement reason.” He then unveiled reforms to reduce the number of people sent to America’s overcrowded federal prisons. In this, he was following the perfectly-coiffed Texan’s lead. Several years ago, Mr Perry enacted similar reforms in the Lone Star State, and they worked. ...The high cost of mass incarceration has attracted attention from both left and right. In March Rand Paul, a Republican senator, and Patrick Leahy, a Democratic one, introduced the Justice Safety-Valve Act of 2013, which would let judges impose sentences below the mandatory minimum. In July Mr Leahy, along with Dick Durbin and Mike Lee, a Democrat from Illinois and a Republican from Utah, introduced the Smarter Sentencing Act of 2013. It would, among other things, shorten mandatory minimums and expand the safety-valve. ...As Mr Holder noted, these policy shifts mirror similar ones that more than half of all American states have enacted over the past decade. The wave began with Texas—then as now led by Mr Perry—which in 2003 passed a law sending people convicted of possessing less than a gram of drugs to probation rather than prison. In 2007 Texas allocated $241m for drug-treatment and alternatives to prison for non-violent offenders. Between 2003 and 2011 violent crime in Texas fell by 14.2%. The state’s prison population has also declined steadily. Sentencing reform passed in Georgia—where one in 13 adults is imprisoned, on probation or on parole—will save the state an estimated $264m over the next five years. Kentucky’s is forecast to save the state $400m while reducing its prison population by 3,000 over the next ten years.

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Famous Las Vegas Arrests

August 17, 2013, 5:10 pm

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Erin Brokovich Arrested Recently near Henderson The Vegas area has seen a number of celebrity arrests over the years. One of the most recent ones took place when Erin Brokovich, who was portrayed by Julia Roberts in a movie of the same name, was arrested on charges of operating under the influence. Brokovich and her

Schapelle Corby Approved for Parole

August 18, 2013, 7:05 am

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The Bali Corrections Board approved Schapelle Corby for parole Friday. The remaining paperwork could take a few months, but she will be released. She has to remain in Indonesia until a year after her sentence expires in 2015, and will live with her... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

El caso Galván: indulto, revocación de indulto y extradición. Un caso para estudio

August 18, 2013, 9:25 am

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Este caso es digno de estudio. La solución no es fácil por las particularidades de la legislación de amnos países.Se transcribe la noticia tal como la publicó el diario "El País"Fotografia tomada por la policía.El País.El juez decreta prisión para el pederasta desindultado como había pedido el fiscal.Fuente: http://politica.elpais.com/politica/2013/08/06/actualidad/El juez de la Audiencia Nacional Fernando Andreu ha decretado esta mañana prisión provisional comunicada e incondicional por riesgo de fuga y por la gravedad de la pena impuesta en Marruecos a Daniel Galván, el preso español condenado en Marruecos por pederastia que fue indultado por el rey Mohamed VI y cuyo polémico indulto fue después revocado por el monarca. El magistrado ha argumentado que Galván “carece de un mínimo de arraigo familiar, económico, laboral, social o de otro tipo que neutralice la tentación de ponerse fuera del alcance del aparato judicial penal”. La fiscalía había pedido también cárcel para el detenido.Andreu no elude la compleja cuestión jurídica de fondo: la revocación de un indulto por parte de Marruecos, algo que no permite la ley española y que en el país vecino tampoco se ha producido con anterioridad. Pero deja su estudio para un momento procesal posterior. “Las circunstancias en que se produjo ese indulto y su posterior anulación deberán ser analizadas una vez tenga entrada toda la documentación extradicional”, señala el auto.Galván, condenado hace menos de dos años por el tribunal de Kenitra (Marruecos) a 30 años de cárcel por abusar de 11 niños, había declarado durante una media hora ante el juez Andreu y pedido no ser extraditado a Marruecos alegando que tiene arraigo en España y un domicilio. El magistrado, sin embargo, ha señalado que “a pesar de tener la nacionalidad española, el reclamado nació en Irak, país del que es natural, habiendo adquirido la nacionalidad española al casarse con una mujer española de la que se encuentra divorciado”.“Según ha declarado”, prosigue la resolución, “su vida ha transcurrido mayoritariamente en Irak y en España, si bien ha estado residiendo en distintos países como Egipto, Siria, Jordania, Reino Unido o Marruecos, en donde fue condenado”. El juez argumenta además que, aunque Galván facilitó una dirección como “paradero”, esta corresponde a un amigo de nombre Ulpiano.Galván había pedido el traslado a un penal español para seguir cumpliendo el resto de su condena en virtud del convenio bilateral de colaboración y traslado de presos firmado por ambos países en 1997. Pero una fusión entre dos listas presentadas por la Embajada de España -una con una lista de personas para las que se pedía el indulto y otra que incluía al grupo de presos que habían solicitado el traslado-, convirtió todos los casos en medidas de gracia concedidas por Mohamed VI con motivo de la Fiesta del Trono, la mayor festividad civil de Marruecos, que conmemora su entronización, en 1999.Tras el escándalo que supuso la excarcelación de Galván, el monarca trató de anularla alegando que desconocía los “crímenes abyectos” del recluso y revocó el indulto, una medida sin precedentes ni en España ni en Marruecos. Como el condenado estaba ya en España, Marruecos pidió entonces su detención a efectos de extradición, pero esta, dada la complejidad jurídica del caso, no será tan sencilla.La situación legal y penitenciaria de Galván puede convertirse en un enredo jurídico. Es tan inusual lo que ha pasado, y que un indulto se revoque, que las normas aplicables y las posibilidades jurídicas distan de ser claras. Ahora que se ha decretado su ingreso en prisión provisional, tendrá que estudiarse el fondo del procedimiento de extradición: si se aprueba su traslado a Marruecos –lo que no parece viable porque España no entrega a sus nacionales al país vecino-, si este debe seguir cumpliendo su pena en España o si, por el contrario, debe quedar en libertad.Ninguna de estas cuestiones es sencilla. Marruecos debe ahora aportar la documentación para la extradición en 40 días. El país vecino tiene ese plazo para remitir a España la documentación necesaria para la extradición. Tendrá que enviar la sentencia condenatoria y, en este caso tan complicado, tendrá que argumentar cómo y por qué se revocó el indulto. Fuentes jurídicas señalan que podría argumentarse que el rey Mohamed VI carecía de la información imprescindible para tomar una decisión y que por tanto el expediente de indulto es nulo de pleno derecho.Una vez que el país vecino remita los documentos que considere pertinentes, el Consejo de Ministros tiene a su vez un plazo máximo de 40 días para pronunciarse sobre la extradición. Después el asunto entra en la fase judicial. El juez de instrucción debe concluir la tramitación y el caso se remite a la Sala. Esta dará traslado a las partes de las actuaciones y fijará una vista de extradición tras la cual dictará una resolución susceptible de ser recurrida ante el pleno de la Sala de lo Penal.Galván es nacional español, por lo que su extradición a Marruecos no se baraja por ahora como una opción viable. Una alternativa para evitar la impunidad es que cumpla su pena en España. Esta solución sería posible si se aceptara que el indulto fue nulo de pleno derecho o que, por la razón jurídica que sea, su revocación por parte de Marruecos es asumible. En este caso podría aplicarse el convenio de 1997 entre ambos países relativo a la asistencia a personas detenidas y al traslado de personas condenadas. El propio Marruecos podría pedir en el procedimiento de extradición que, subsidiariamente, se termine de cumplir la condena en España. En este caso la Audiencia Nacional tendría que determinar cómo se ajusta la pena marroquí a las leyes españolas.

FORMER GALVESTON CO. PROSECUTOR ENGAGES IN EGREGIOUS MISCONDUCT: County Faces 3 Million Dollar Lawsuit

August 18, 2013, 9:52 am

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There is prosecutorial misconduct, and then there is egregious, intentional prosecutorial misconduct. The misconduct that former Galveston County Assistant District Attorney Jon Hall engaged in the case of Joshua Bledsoe… read more →

NPR: Cracking The Code: Just How Does Encrypted Email Work?

August 18, 2013, 10:22 am

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NPR: Cracking The Code: Just How Does Encrypted Email Work? by NPR Staff: [...] Read more!

The Hill: NYPD chief Kelly: More people will die without stop-and-frisk policy

August 18, 2013, 10:24 am

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The Hill: NYPD chief Kelly: More people will die without stop-and-frisk policy by Meghashyam Mali: [...] Read more!

Motorcycle crash near Island Park injures one

August 18, 2013, 11:18 am

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 8/18/13 12:15 p.m. Please direct questions to the District Office On Sunday, August 18, 2013, at approximately 9:45 a.m., the Idaho State Police investigated an injury crash on US Highway 20 at milepost 384. Michael Dye, 62, of Sterling, Oklahoma was westbound on a 2005 Honda motorcycle. The rear tire blew out. Dye lost control of the motorcycle and crashed. He was wearing his helmet, and was transported by ground ambulance to Madison Memorial. US Highway 20 was blocked for approximately forty-five minutes while crews worked to clear the scene. The Idaho State Police were assisted by Fremont County Sheriff's office and emergency crews, and the Idaho Transportation Department. The crash is still under investigation. -------------

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The prior conviction was for unlawful possession of a weapon in the third degree

August 18, 2013, 11:50 am

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In the late evening on the 24th of October, the defendant along with another individual accosted and robbed a victim as she was walking along a street in Manhattan. The defendant displayed what looked like a handgun, but was just a toy pistol. The other individual had a knife. The defendant and the other individual were arrested and by way of a four count indictment were charged with first degree robbery, two counts of second degree robbery, and first degree criminal use of a firearm. The defendant was found guilty after a jury trial was held. He was sentenced to concurrent prison terms of three to nine years for each of the four convictions. The convictions and sentences were affirmed by the Appellate Court. Case Discussion and Decision The main issue in this case is whether the first degree robbery charge is appropriate to support the conviction for first degree criminal use of a firearm. The court finds that it is appropriate and is confirming the decision made by the Supreme Court and Appellate Court. The defendant is appealing a sentence made in the Supreme Court in Kings County. The sentence convicted the defendant of sexual abuse in the first degree, upon his plea of guilty and the sentence is an indeterminate term of one and one half to three years imprisonment as a second felony offender. Court Discussion The defendant was improperly adjudicated a second felony offender because the elements of the offense that served as the predicate for this adjudication did not constitute a felony in New York. The prior conviction was for unlawful possession of a weapon in the third degree which violates the New Jersey code of criminal justice. The defendant was incarcerated for four years for that conviction. Court Decision It is determined that the defendant was incorrectly sentenced as a second felony offender. For this reason, the sentence is modified on the law by vacating the defendant’s adjudication as second felony offender and reducing his sentence to an indeterminate term of one to three years imprisonment. The rest of the sentence is affirmed.

Under the penal law, a person is guilty of grand larceny in the third degree when the value of the stolen property exceeds $3,000

August 18, 2013, 1:29 pm

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This is an appeal from a judgment of the County Court of Chemung County, rendered December 2, 1988, upon a verdict convicting defendant of the crime of grand larceny in the fourth degree. A New York Grand Larceny Lawyer said...

The court suggested the district attorney that he brings the case of the man to the attention of the governor.

August 18, 2013, 1:34 pm

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A man was convicted of the crimes of criminal forgery in the second degree and grand larceny in the second degree. He was sentenced to prison for concurrent terms of two and one-half to five years for each conviction. He...

Owsley on the dog sniff cases

August 18, 2013, 2:06 pm

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Brian Owsley (Texas Tech University School of Law) has posted The Supreme Court Goes to the Dogs: Reconciling Florida v. Harris and Florida v. Jardines (Albany Law Review, Vol. 77, 2013) on SSRN. Here is the abstract: In the most...

MO - Could consider juvenile sex offender measure

August 18, 2013, 2:59 pm

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Original Article 08/18/2013 By CHRIS BLANK JEFFERSON CITY (AP) - Allowing juveniles to seek removal from Missouri's sex offender registry is a target for a possible veto override when state lawmakers return to the state Capitol in several weeks. The legislation prompted little opposition in the Republican-led Legislature but drew the ire of Democratic Gov. Jay Nixon, who said this summer that it is overbroad and would "reduce public safety and fail to protect the rights of... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]