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The issue in this case is whether court erred in convicting the defendant of grand larceny and robbery

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This is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered April 9, 1985, convicting him of robbery in the third degree, grand larceny in the third degree, reckless endangerment in the first degree,...

Appeals are in order in this case

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An appeal was made by an accused man from a judgment of the Kings County Supreme Court convicting him of 4 counts of robbery in the first degree, 2 counts of robbery in the second degree and 4 counts of...

Fort Hood mass murderer, Nidal Hasan, gets death penalty ... everybody happy?

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This CBS News piece reports on the not-very-surprising outcome of a high-profile capital military sentencing proceeding today: "Thirteen senior Army officers have sentenced Maj. Nidal Hasan to death for carrying out the horrific 2009 shooting rampage at Fort Hood Army...

PA - Inspiration for ‘Masha’s Law’ files class action suit against viewers of child porn images

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Original Article 08/28/2013 By JON CAMPISI A woman whose childhood sexual exploits at the hands of a western Pennsylvania businessman led to Congress enacting legislation commonly referred to as “Masha’s Law” has filed a federal class action lawsuit that may be a first of its kind. Lawyers representing the woman who previously went by the name Masha Allen filed the class action complaint on Aug. 23 at the U.S. District Court in Philadelphia against men who allegedly viewed... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

ISP Plans for a Safe Labor Day Holiday with “All Hands on Deck” Operation and Enhanced DUI Patrols

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MERIDIAN – As travelers hit the road this weekend with the end of summer in sight, the Idaho State Police want to make sure Idaho’s roads are as safe as possible. To kick off the Labor Day holiday weekend, Friday, August 30th, all available sworn ISP personnel, even those usually behind a desk, will be on the road for ISP’s second “All Hands on Deck” operation this summer. ISP will combine the operation with the national two-week long “Drive Sober or Get Pulled Over” campaign that began on August 26th and continues through September 8th.“‘All Hands on Deck’ is designed to increase patrols on the busiest travel days of the year to give our citizens added safety on the roads,” says Colonel Ralph Powell. “This summer has been deadly on Idaho’s highways. Since Memorial Day weekend, ISP has investigated 46 fatal crashes on Idaho’s highways. ISP is committed to preventing crashes, injuries and deaths. Frequently, it is the sighting of a patrol car that makes people not only slow down, but obey other traffic laws as well. Therefore, all commissioned officers scheduled to work on Friday will be out patrolling Idaho’s roadways.”The public is encouraged to be a part of the “Drive Sober or Get Pulled Over” campaign by dialing the Idaho State Police at *ISP (*477) from your mobile phone or simply 9-1-1 to report suspected drunk drivers.ISP reminds the traveling public of the following driving safety tips:Drive soberBuckle up every trip, every time. Be sure to use child safety seats correctlyBe patient with other drivers and give yourself extra time to travelStay alert and get enough sleep before travelingAvoid distractions, including cell phonesMove over when passing emergency vehiclesISP would also like to remind those traveling in certain highly traveled areas of the state to be extra patient with the traffic and other motorists. You will probably want to plan an extra hour or two into your trip to lessen your stress. Remember, there are several fires still burning throughout the state that can affect travel, as well as construction in other areas and just more people on mountain roads. Call the Idaho Road Report at 5-1-1 to find out if there are restrictions on your planned travel route.

People v. Crosby

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The outset of a criminal case can be the difference between an acquittal and conviction if a person does not have an attorney present after being arrest or being interrogated. An attorney can save an accused from self-incrimination during...

People v Asmar

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The rules of evidence in regards to admissibility of evidence are important to be successful in a trial. The jury should not be exposed to prejudicial material which may put the defendant in a precarious position to ensure that the...

New research finds forensic experts play for pay (Corruption runs deep!)

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Original Article Doesn't surprise us one bit! This is what happens when corruption and greed infest the "justice" system. 08/29/2013 By Paul Hamaker Daniel Murrie of the University of Virginia and Marcus Boccaccini at Sam Houston State University presented new research in the Aug. 28, 2013, issue of the journal Psychological Science that indicates that forensic psychologists and psychiatrists provide the group that is paying them for their testimony with the evidence that group,... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

DUI Checkpoints: Enjoy Your Cocktails, Just Don’t Drive Afterward

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This coming weekend is a holiday, which means there’ll be parties, fun, cocktails…and more DUI checkpoints. WHAT ARE DUI CHECKPOINTS? A DUI checkpoint is a station where police pull over every vehicle on the road. The police speak with each driver, and if the driver smells like drugs or alcohol, that person is escorted [...](Visited 1 times, 1 visits today)

The Indirect Effects Of A DUI Or DWI Conviction In Maryland

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DUI or DWI convictions in Maryland carry harsh penalties, including hefty fines, lengthy driver's license suspensions, and the possibility of jail time. A first time DUI conviction carries a maximum possible jail sentence of one year and a DWI conviction of up to two months. Although most individuals understand these obvious consequences of such a conviction, they often fail to appreciate the indirect effects of having a DUI or DWI on their record. The unseen penalties associated with a DUI or DWI, in some circumstances, can be as severe as the potential criminal penalties, and may have a substantial impact on the manner in which a DUI or DWI charge is defended. Licensed Professionals - Certain professionals, such as lawyers, physicians, cosmetologists, and daycare workers, must obtain licenses to practice in their field. Generally, professionals are required to report criminal convictions to their licensing board and may face sanctions for such misconduct, including fines, counseling, probation, license suspension or revocation. Auto Insurance - A DUI or DWI conviction is almost certain to result in an increase in an individual's auto insurance premiums, and some insurers might even drop the motorist's coverage altogether. Commercial Drivers - Commercial drivers face some of the most severe consequences for being convicted of DUI or DWI. An individual convicted of DUI or DWI in Maryland may lose their CDL for a minimum of one year, and a second conviction may result in a lifetime revocation. Further, refusing to submit to chemical testing, such as a breathalyzer, may result in harsher penalties than taking and failing the test. A first time refusal can result in an administrative license suspension for up to one year and a second refusal results in an automatic lifetime disqualification. Pilots - Any pilot holding an FAA Airman's Certificate must report a DUI or DWI conviction to FAA within sixty days. A DUI or DWI conviction can be punished by an FAA suspension or revocation of the pilot's license. Immigration - A criminal conviction may negatively impact a person's immigration status. Restrictions On Travel - In 2011, Canada adopted the Immigration and Refugee Protection Act, which gives border officials the authority to prevent individuals convicted of DUI or DWI from entering the country. Child Custody/Adoption Issues - A DUI or DWI conviction may have a negative impact on child custody or adoption proceedings. Courts and adoption agencies may consider a DUI or DWI conviction when determining what is in the child's best interests. Enhanced Sentences - In Maryland, DUI's and DWI's are subject to enhanced sentences for repeat offenders. A second DUI conviction carries a jail sentence of up to two years, a $2,000 fine, and a minimum one-year license suspension. A second DWI conviction carries a jail sentence of up to one year, a $500 fine, and a minimum sixty day license suspension. The criminal defense attorneys of Brassel, Alexander & Rice, LLC have extensive experience defending individuals charged with driving while under the influence of alcohol or drugs. If you or someone you know has been charged with DUI or DWI in Maryland, contact our attorneys today.

Does use of a thermal lance tool amount to using "fire" to trigger major mandatory sentence enhancement?

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The question in the title of this post is the question that has split a panel of judges in US v. Thompson, No. 10-50381 (9th Cir. Aug. 29, 2013) (available here). Here is how the 20-page majority opinion (per Judge...

CA - Exeter police officer (Jeff Detwiler) arrested for having sex with a minor

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Original Article 08/27/2013 By Mariana Jacob FRESNO (KFSN) - An Exeter police officer is expected in court Wednesday, after he was accused of having sex with a minor. Jeff Detwiler, 46, was arrested Tuesday afternoon. He's been with the department for at least five years. Authorities say Detwiler is also facing charges of possession of a controlled substance and for intimidating a witness. He was booked into the Tulare County jail, with bail set at $75,000.00. The Exeter... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

NTSB wants to lower Colorado's BAC limit to .05.

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The National Transportation Safety Board (NTSB) recently voted to lower the blood alcohol limit for alleged drunk drivers to .05 in Colorado and all other states. "The research clearly shows that drivers with a BAC above .05 are impaired and at a significantly greater risk of being involved in a crash where someone is killed or injured," according to NTSB Chairman Deborah A.P. Hersman. The NTSB reports that approximately one-third of all traffic accidents are drug or alcohol-related. The current limit in Colorado is .08 for a charge for DUI per se, and more than .05 but less than .079 for a charge of DWAI (the statute reads that there is a presumption that a driver is not DUI or DWAI if his BAC was .05 or less). However, even if a driver's BAC is less than .08 some officers will still cite a driver for DUI, even if they are in the presumptive range for DWAI. Additionally, some officers will even cite for DWAI or DUI when a driver submits a blood or breath test below .051 and argue that the driver's performance on the roadside maneuvers and/or her driving provide the basis (probable cause) for the charge. According to the NTSB, alcohol levels as low as .01 have been show to impair a person's driving and that a level of .05 has been "associated with significantly increased risk of fatal crashes." According to a an article by CNN, an 180 pound male will reach a BAC of .08 after consuming four (4) drinks over a one (1) hour period. It may take only two (2) to three (3) drinks for that same male to reach a BAC of .05 over a one (1) hour period. Thus, the proposed change could certainly increase the number of drivers who are charged with DUI in Colorado. Studies show that a woman weighing less than 120 pounds can reach a BAC limit of .05 after just one (1) drink. There are many factors that determine a person's blood alcohol content beyond just weight and gender. Various blood alcohol calculators online will attempt to calculate a person's BAC for them based upon factors they input into the program. However, these calculators should not be used to determine whether or not a person should get behind the wheel, because they are not precise and other factors will influence a person's actual BAC. According to the NTSB, the change in the BAC limit would save 500 to 800 lives per year. The NTSB report sites the BAC limit in Queensland, Australia that was lowered from .08 to .05 and resulted in a decrease of fatalities by 18%. The NTSB does not have the authority to make laws, however its recommendations are very seriously considered. It may be years before Colorado implements a .05 BAC limit but it appears that Colorado and all other states are likely to lower their BAC.

The Reporter Behind the Shellie Zimmerman Interview

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Christi O'Connor, the reporter who conducted the ABC Shellie Zimmerman interview, does not work for ABC. She is a freelance investigative journalist. She says she is writing a book about the trial. I don't recall her reporting on the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Pablo Jesus Oliver, Fort Lauderdale, Florida School District Employee, Arrested for Official Misconduct

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Pablo Jesus Oliver, a Fort Lauderdale, Florida school district employee, was arrested Monday after he was accused of using his position with the district to steal over $50,000 worth of gas from the district's fuel supply, news sources report. Oliver, 52, was booked into the Broward County Main Jail on charges of official misconduct, aggravated white-collar crime, and second-degree grand theft. He was later released after posting a $13,500 bail bond. Reports did not specify a lawyer for Oliver. According to reports, Oliver has been employed by the school district for the past 18 years. During that time, he worked for the maintenance department and the bus driving divisions. Reports say he also worked as a fuel attendant for the district. A tipster from the district's facilities department apparently sparked an investigation into the alleged thefts. The Broward School's police division then filed a report stating that between November 1, 2011 and December 31, 2012, Oliver exploited his role with the district to steal fuel, reports say. Based on reports, surveillance video shows Oliver arriving to the districts fueling station and illegally taking gasoline, all while he was "purportedly performing his school district duties." In some cases, Oliver allegedly used the district's vehicles during the thefts. In addition, detective reportedly say Oliver would come into work early in order to steal gas. The total amount of gas stolen was not specified in reports, however its value was over $50,000. It is not clear whether Oliver was allegedly using the fuel himself or selling it to others. Some crime news is of a more bizarre nature. Robin Moretz Campbell of Orange County was arrested Sunday after he was accused of walking his dog in the nude while tripping on mushrooms, sources report. Campbell, 20, was booked into the Orange County Jail on two counts of battery on an officer, resisting an officer without violence and exposure of sexual organs, and resisting an officer with violence. It is unclear whether he qualified for bail or hired legal representation.

Douglas Hughes Jr. of Boca Raton, Florida Arrested for Video Voyeurism

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Douglas Hughes Jr. of Boca Raton, Florida was arrested Thursday for allegedly photographing women in a Delray Beach public restroom, news sources report. Hughes, 28, was already out on bail for similar charges stemming from last year; he reportedly told authorities he had filmed women and girls in public bathrooms up to 30 times. For this most recent offense, he was booked into the Palm Beach County Jail on 11 counts of video voyeurism. He was not granted bail bond. The press did not say whether Hughes had obtained a lawyer. According to reports, Hughes once worked as a groundskeeper for the city of Boca Raton. He was arrested on August 18, 2012 after he allegedly recorded video of mother and daughter changing in a public restroom at Red Reef Park in Boca Raton. It was unclear whether he was working at the park at the time. Following his arrest, Hughes reportedly admitted that he had started filming women and young girls changing in Boca Raton parks in March 2012 and had done so on 25 to 30 different occasions. Hughes was later released from jail on August 22, 2012. A judge forbade Hughes from going to parks or possessing cameras. He is also not allowed near minors, sources say. This latest incident occurred on August 12, 2013 at the Atlantic Dunes Park in Delray Beach. Sources say a woman called police to the park. The woman explained that she had seen Hughes snapping photos in the ladies room at the park on July 19th, and that he was once again at the park. To prevent Hughes from taking any more photos or video, Delray Beach Police Department put his mugshot on Facebook and asked citizens to report him if he did anything out of line.

AL - FBI: Anniston man (Allen Wayne Densen Morgan) hired undercover agent to kill neighbor

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Allen Wayne Densen Morgan Original Article If he suspected anything he should have reached out to the police, not a racist hate group. 08/26/2013 BIRMINGHAM (WBRC) - A disabled Army veteran from Anniston has been charged in a murder-for-hire plot against his neighbor, FBI officials said Monday. Allen Wayne Densen Morgan, 29, is accused of hiring an undercover FBI agent to murder a man he believed raped his wife days earlier, according to court documents filed by the FBI. The... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

MALE DANCER SAID TO ASSAULT TWO WOMEN AT WAREHAM PARTY

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31-year-old Patrick Ladapo is from Providence, Rhode Island. When performing his art, he is known by his stage name, “Damion”. Today, he is also known and hereinafter referred to as the “Defendant”. He has been charged with the sexual assault of two women in Wareham. Interestingly, the Defendant actually works in the sex industry. He is a male dancer. In fact, the allegations against him arise out of a performance of his on Tuesday. The two women who have brought the charges are said to be the ones who had hired him to perform at their party. Said party is where the assaults allegedly took place. The Defendant, arraigned in Wareham District Court, stands charged with two counts of rape and two counts of indecent assault and battery on a person over the age of 14, Wareham police said in a statement. While their identities have not been released, a 21-year-old woman first reported having been assaulted at the party on Wednesday. During the course of the criminal investigation, officers came across a 27-year-old woman who also reported being assaulted at the party. The Defendant is apparently employed by Blaze Entertainment, which is based in Boston. Attorney Sam’s Take On Sexual Assault vs. Adult Entertainment The specific alleged facts of this case have not been released and I, for one, am quite curious to read them. After all, the Defendant had been hired to dance at the party. I guess the first question would be what type of party it was. Perhaps he was hired to demonstrate his talent in the fine art of ballet. Maybe he was simply there to be available to men and women who desired to learn flamingo dancing from him. Or, I suppose he could have been hired as a male stripper at some…other kind of party. Of course, whatever type of party and dancing this was does not end the inquiry. The big issue remains that of consent. Let’s assume you go to Danielle Debauchery’s bachelorette party and a male stripper suddenly shows up and begins to peel his clothing off piece by piece. “Hey! Isn’t that indecent exposure?” Not really because he has been hired by a private entity to so perform at their party. If you do not want to see it, then you can avert your eyes. It is not the same thing as walking across the Boston Common one day and seeing the gent do the same thing. However…touching is something else. Let’s say the stripper looks at you and decides that, after his performance, he believes that you and he should have a private encore performance. If you do not agree to any of the touching and he goes ahead, then he is committing a sexual assault. It comes down to consent. Of course, there are times when communications become confusing. There are also times when someone did not perform the acts of which he stands accused. One thing is for sure, though. These types of charges, just by being made, can alter the accused’s life. Often, just because of the charges, the accused loses his or her job, family and reputation. The Department of Children and Families also will get involve if the accused has or lives with children. Naturally, aside from the criminal consequences, a defendant risks having to register with the Sex Offender Review Board. These are not charges to take lightly, folks. If you suspect that you may be suspected of them…retain counsel fast! To read the original story upon which this blog is based, please go to http://www.boston.com/metrodesk/2013/08/29/male-dancer-accused-sexually-assaulting-two-women-private-party-wareham/Vbsgo7ecZ0x8c3E4YLQHjL/story.html

SAO NEWSLETTER

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News from the SAO Office Newsletter (because prosecutors read the blog too and they should get their due recognition):  Assistant State Attorney's (ASAs), Jessie Friedman and Sara Narkes, won a conviction on charges of Felony Battery, False Imprisonment and Resisting Without Violence. ASAs Breezye Telfair from the Public Corruption Unit and Rachel Walters from the Gangs/Homicide Prosecution Unit convicted a Prison Release Re-Offender (PRRP) of Attempted 1st Degree Murder and Armed Robbery Chief of the Sexual Battery Unit Laura Adams and ASA Sophiea Bailey from the Economic Crimes Unit got a conviction on 2 counts of Sexual Battery before Judge Rebull. Division Chief (DC) Scott Warfman and ASA Jennie Conklin successfully prosecuted a 2nd Degree Murder case before Judge Colodny. DCs Bill Howell and Alicia Priovolos convicted a defendant of 1st Degree Murder before Judge Sayfie. ASA Cristina Cabrera with an assist from ASA Wei Xiang won a guilty verdict for Burglary/Unoccupied Dwelling and Grand Theft. ASA Ayana Duncan and co-counsel ASA Ethan Timmins convicted on charges of Tampering With Physical Evidence and Resisting Without Violence before Judge Hirsch.(We double checked the SAO newsletter and this is exactly how the sentence reads. We doubt these two fine prosecutors were convicted and fully believe they successfully OBTAINED a conviction for the above charges. Memo to KFR: language matters. Get a good editor.)    Homestead Mayor Steven Bateman has been arrested for felony crimes derived from using his official capacity as Homestead mayor to provide himself with private employment and private income.   Circumstances relating to needed sewage system upgrades in downtown Homestead provided Mayor Bateman with an opportunity to gain supplementary private payment for functioning as Homestead's elected mayor in violation  of Florida's criminal statutes. As Homestead's elected mayor since November 2009, Steven Bateman has been advocating for the development of the city's downtown area. Community Healthcare of South Florida Inc. (CHI) a Florida not-for-profit corporation founded in 1971, received $1.89 million in Miami-Dade County funds to build a Children's Crisis Center in downtown Homestead. However, construction could not commence due to the "absolute moratorium" on new sewer connections in the area until a sewage pump station could be replaced.  Problems with Homestead's plans and design for the proposed pump station replacement and Miami-Dade County's existing consent decree with the Federal Government all worked to stall the Children's Crisis Center project, frustrating both Mayor Bateman and the leadership of CHI. In February 2013, Mayor Bateman became a paid consultant for CHI and at the end of February, CHI authorized payments to Mayor Bateman of up to $120,000 for one year of services.  The CEO of CHI, Col. Brodes Hartley Jr., recalled Mayor Bateman offering to assist the agency with its construction program.  Col. Hartley clearly recalled that Mayor Bateman solicited employment at this same meeting. Subsequent to his hiring, Mayor Bateman performed a number of actions relating to the Homestead sewage situation in which he ostensibly was acting as the Mayor of Homestead (i.e. meeting with the Mayor of Miami-Dade County and making contact with Homestead city employees) and for which he billed his employer, CHI, for his work.   "Enriching oneself by utilizing an elected public office not only enrages the community, it is a crime," commented Miami-Dade State Attorney Katherine Fernandez Rundle.  "This is a very sad day for the people of the City of Homestead    Site Feed

Maryland Governor Martin O'Malley on Pursuing the Dream

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Today's Washington Post reports, "Md. governor says his state is realizing MLK’s dream," by John Wagner. Legalizing same-sex marriage, abolishing the death penalty and raising the minimum wage are part of today’s “work of justice,” Maryland Gov. Martin O’Malley (D)...
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