Susan W. Brenner (University of Dayton - School of Law) has posted Humans and Humans+: Technological Enhancement and Criminal Responsibility (Boston University journal of Science and Technology Law, Vol. 19, 2013, Forthcoming) on SSRN. Here is the abstract: This article...
Brenner on Technological Enhancement and Criminal Responsibility
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DNA Evidence Leads to Arrest of Michigan Man and Excludes Man Serving Life Sentence
Jason Anthony Ryan from Davison, Michigan, was charged on Tuesday with the murder of Geraldine Montgomery, a crime for which another man, Jamie Lee Peterson, has been serving time in prison since 1997. In 1996, Montgomery was beaten, raped and murdered. She was found in the trunk of her car in the garage of her home in the small town of Kalkaska, Michigan. NBCnews.com reports that Peterson became the prime suspect four months after the murder when a jailhouse informant told investigators that Peterson, who was in jail for an unrelated sex charge, claimed to commit the crime. After a series of interrogations, Peterson confessed to the police. Although Peterson recanted just days later, police insisted that Peterson was guilty because he provided telling details about the crime that only the perpetrator would have known. He was sentenced to life in prison without the chance for parole. While DNA testing of semen left on the victim's shirt was unable to identify the source, testing of the rape kit excluded Peterson. Police said that the inconclusive results revealed that another perpetrator was present at the crime scene. Michigan News reports that earlier this year, at the request of Peterson's former attorney, the Michigan Innocence Clinic re-investigated the case and worked with the state police and Kalkaska's new prosecutor to get new DNA testing of the evidence. The results identified Ryan as the source of the semen from both the rape kit and the victim's shirt. According to A.J. Dixon, the University of Michigan law student who has led the Michigan Innocence Clinic's work on the Peterson case: " 'There is absolutely no reliable evidence that there are multiple perpetrators involved. And there is zero evidence that Peterson and Ryan had ever even met each other before the crime, let alone that they were friends or co-conspirators. It takes an incredible amount of mental gymnastics to conclude anything but the arrest of Ryan proves Peterson is innocent.'" Police interviewed Ryan as part of the investigation in 1996. He was living with a man, now deceased, who lived just two blocks away from the victim. As part of the investigation, police took a saliva sample from Ryan, but that sample was never tested. He was ruled out as a suspect after he passed a polygraph test. The Michigan Innocence Clinic is working with the Northwestern University's Center on Wrongful Convictions on Peterson's case. A motion for a new trial will be filed on December 25. " 'I would certainly say that the true perpetrator being arrested is enormous and enormously important,' " Dixon told the Michigan Daily. " 'We're not going to be satisfied until Jamie Lee Peterson has been released.' "
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Lawrence KS ordinance proposes mandatory rental unit inspection
Kansas Watchdog.org: Kansas community ordinance challenges Fourth Amendment by Travis Perry:
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Jersey Motorists Facing Latest Kind of DUI? Trenton Legislators Consider Law Banning "Snacking While Driving"
We've already seen it happen just across the Hudson: That failed attempt by local government to control individual choice, namely Mayor Bloomberg's effort to limit the size of soft drinks dispensed at local eateries and restaurants in New York City. That legislation ran up against stiff resistance, yet could something similar and more costly in terms of potential penalties affect drivers here in the Garden State? For those who aren't worried about such things it may be time to consider the potential impact of a ban on eating while driving.
Based on news reports, legislation is making its way through the state legislature that could end up banning in-vehicle eating or almost any other activity deemed by police to interfere with a driver's safe and proper operation of his or her motor vehicle. To some, this may sounds like a long shot, but never underestimate the power of New Jersey's legislators to put laws into effect that can cost motorists a pretty penny down the road.
As experienced DWI defense attorneys, my colleagues and I have been defending individuals accused of drinking and driving for years. We know that many people who lose their DWI or drug DUI cases find that penalties following a conviction for impaired driving are much more than just a slap on the wrist. In fact, with human nature being what it is, additional impaired driving laws could easily result in increased traffic violations in the future, not to mention increased courtroom traffic for the numerous legal cases it could spawn.
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IS OHIO'S IMPLIED CONSENT LAW FOR DUI/OVI UNCONSTITUTIONAL?
A recent vehicular homicide case in Wisconsin triggers the question of whether Ohio's implied consent law is constitutional. In that case, a former Lutheran bishop is accused of what Ohio calls Aggravated Vehicular Homicide; causing the death of another person by operating a vehicle under the influence. The bishop was told that he would lose his license if he did not consent to a blood test, so he submitted to the test. His attorney argued that the threat of a license suspension amounts to coercion, and that makes the implied consent law unconstitutional. In Ohio, this issue has been decided.
Ohio's implied consent law says that anyone who operates a vehicle in the state of Ohio implicitly consents to take a blood/breath/urine test for alcohol and/or drugs if the driver is arrested for DUI / OVI. The arresting officer is required to advise the driver of the consequences of taking or refusing the chemical test. Like Wisconsin, one consequence of refusing the test in Ohio is suspension of the person's driver's license (called an 'Administrative License Suspension' - 'A.L.S.'). For a first refusal, the license suspension is one year. For repeated refusals, the license suspension increases, up to five years.
The constitutional issue involved is the driver's right to due process of law. The fifth and fourteenth amendments to the Constitution say no person shall be "deprived of life, liberty, or property without due process of law". People have a property interest in their driver's licenses, so a license cannot be suspended without due process. Due process in this context means the driver must be given notice of the suspension and must also be given a hearing on the suspension at a meaningful time and in a meaningful manner.
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Kennedy on Mothering, Feminism, and Incarceration
Deseriee A. Kennedy (Touro College - Jacob D. Fuchsberg Law Center) has posted 'The Good Mother': Mothering, Feminism, and Incarceration (18 Wm. & Mary J. Women & L.161 (2012)) on SSRN. Here is the abstract: As the rates of incarceration...
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W.D.Mich. & D.Neb.: Visitor in apt for days had standing
Defendant who had been visiting in apartment for 4-5 days, and he kept a lot of stuff there. He could come and go as he pleased. He had standing. The search warrant as valid with probable cause. The apartment was secured for a warrant after a knock and talk. United States v. Will, 2013 U.S. Dist. LEXIS 170577 (W.D. Mich. November 26, 2013), adopted 2013 U.S. Dist. LEXIS 170583 (W.D. Mich. Dec. 4, 2013).*
Same as to standing. United States v. Vallejo, 2013 U.S. Dist. LEXIS 170963 (D. Neb. October 16, 2013).*
A turn signal violation justified the stop. The stop was not unreasonably extended because the officer had to sort out the paperwork and who was going to drive the car. United States v. Taylor, 2013 U.S. Dist. LEXIS 170967 (D. Neb. November 13, 2013).*
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Ahh-Delightful San Diego and Driving while impaired
A San Diego police officer was recently pulled over on suspicion of drunk driving. She was nabbed by the California Highway Patrol known aka CHIPS (recall the old tv program with Eric Estrada that is known by the same name- and the same name as the defendant). Evidently, she blew under .08 and was given a ticket for driving under the influence and was not taken to jail. Probably best for her that she was not jailed as her fellow inmates would probably be less then welcoming to her.
The important thing about this arrest is what her BAC (blood alcohol content) actually was at the time of the stop. Many DUI/DWI (driving while impaired) clients come into our office wondering how and why they got arrested for blowing a .06, .05 or .04. The Maryland DUI law as it is written says .08 is the legal limit and the street signs on the beltways say “over .08, under arrest.” Thus, why the arrest when under .08? The answer is the pesky charge of Driving While Impaired 21-902 (b) which is different then Driving Under the influence 21-902(a) in Maryland.
Driving While Impaired is basically a lesser included alcohol ticket for those that do not appear to be drunk yet the officer smells alcohol and has a desire to meet his monthly quota for alcohol related arrests. In other words, if the cop smells alcohol on your breath that is the first problem, despite the fact that you are allowed to consume alcohol and operate a motor vehicle in Maryland and all other states. Then whatever the cop pulls your car over for is automatically indicator 2; thus if you were speeding, that’s an indicator of impairment, if you were driving too slow, then that’s the indicator, if you made a turn without your blinker on, then that’s the indicator of your impairment. If you were driving without your seat belt on, well there you go, that’s a definite indicator that you were impaired along with the odor of alcohol on your breath. [Side note: the legislature changed the law in Maryland and failure to have your seatbelt on as well as texting are now primary offenses which the cops can pull you over directly for that particular offense.]
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AZ - Sexual abuse not reported at ICE facilities, report says
Original Article
12/06/2013
By Jason Barry
PHOENIX (CBS5) - Allegations of sexual abuse and assault went unreported and uninvestigated inside U.S. immigration detention centers, according to a report by the U.S. Government Accountability Office.
The report states that federal immigration officials need to do a better job tracking and investigating allegations of sexual abuse at immigration detention facilities around the country.
Allesandra Soler is Director of the American Civil Liberties...
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CO - Ex-DOC officer’s (Ricardo Lee Fortson) bail stays at $6K
Ricardo Lee FortsonOriginal Article
12/06/2013
By TRACY HARMON
CANON CITY - A former Department of Corrections officer will remain free on bail in connection with a felony sexual assault on a child case after a prosecutor’s attempt to get a bail increase failed Tuesday.
Ricardo Lee Fortson, 41, is charged with sexual assault on a child as a pattern of abuse and sexual assault on a child after a 14-year-old girl reported an alleged rape Aug. 6.
Deputy District Attorney Stacey Turner sought...
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TN - Former Rutherford County jailer (Drew Gammon) charged on 6 counts of aggravated statutory rape
Drew GammonOriginal Article
12/05/2013
By Michelle Willard
MURFREESBORO - A Murfreesboro man turned himself in this morning after an indictment on six counts of aggravated statutory rape, according to Rutherford County Sheriff’s Office spokeswoman Lisa Marchesoni.
Drew Gammon, 28, of Meadow Court was booked into the Rutherford County Adult Detention Center Thursday morning, Marchesoni said.
Gammon, a former employee of the Sheriff's Office, is the son of RCSO Deputy Chief _____. His job as...
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"Vowing to Slay the (Already Subdued) Stop-and-Frisk Dragon"
From The New York Times: In announcing that William J. Bratton would be the police commissioner come January, Mr. de Blasio promised that he would succeed in changing stop-and-frisk policing, an area in which, he claimed, Mayor Michael R. Bloomberg’s...
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Risk Level One
A Westchester Sex Crimes Lawyer said that, pursuant to Correction Law §168-o(2), the defendant has filed a petition with this Court through which he seeks to be relieved of his duty to comply with the registration obligations set forth in Article 6-c of the New York State Correction Law (commonly known as the Sex Offender Registration Act [SORA]) as required by the Decision and Order of this Court, filed and entered on January 18, 2005, designating him a Level Two sex offender. In the alternative, the defendant seeks the downward modification of his designation as a Level Two sex offender to that as a Level One sex offender.
On April 7, 2004, the defendant entered pleas of guilty before this Court to the crimes of Promoting an Obscene Sexual Performance by a Child, in violation of Penal Law § 263.10, and Attempted Disseminating Indecent Material to Minors in the first degree, in violation of Penal Law §§ 110 and 235.22. The underlying offenses were committed by the defendant through his communication with an undercover investigator of the Westchester County District Attorney's Office, who misrepresented himself to be a fifteen-year-old girl, through the use of computer-based Instant Messenger, electronic mail and "chat room" communications. The defendant's repeated communications with the undercover investigator continued for approximately three months, between October 22, 2003 and December 9, 2003, and involved the defendant's use of electronic mailing to send messages containing sexually explicit language and images depicting child pornography for the purpose of inviting and inducing the recipient whom he believed to be a fifteen-year-old girl to engage in sexual activity with him.
A Westchester Criminal Lawyer said that, on July 28, 2004, the defendant was sentenced by this Court to serve an intermittent term of incarceration of fifteen days and a concurrent ten-year term of probation supervision. By Decision and Order, filed and entered on January 18, 2005, the defendant was designated by this Court to be a Level Two sex crime offender within the meaning of Correction Law §168-d upon the application of the guidelines set forth in subdivision five of Correction Law §168-l, which resulted from this Court's upward departure from the presumptive Level One designation to a Level Two designation. The defendant's appeal of the Court's assignment of a Level Two designation was affirmed by the Appellate Division.
A Westchester Sex Crime Lawyer said that, upon receipt of the instant petition, this Court requested that the Board provide it with an updated recommendation pertaining to the sex offender pursuant to Correction Law § 168-o(4) in order to enable the Court to properly consider the merits of the instant application. By letter dated February 12, 2010, the Board provided the Court with an updated report through which the Board related that the defendant's conduct while on probation has been satisfactory and that he has successfully participated in a sex crime offender treatment program, resulting in the Board's indication that it has no objection to the defendant's instant application for a downward modification to a Level One designation.
To Be cont.....
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Botched Hi-Jack Attempt Yields 12 Tons of Pot
Tustin police officers recently stumbled upon 24,000 pounds (that's right) of marijuana after the driver of a big rig truck called 911 telling the operator that he thought he was being hi-jacked. The truck driver said that two men in a van tried to pull him over and flashed some sort of badge. The driver said the men looked a little shady so instead of pulling over he pulled into the parking lot of a business and called the police. Tustin police officers arrived to find the attempted robbers gone upon their arrival. Further investigation revealed about 12 tons of marijuana secreted in boxes labeled to be electronic devices. The commercial truck was headed from San Diego to a business in Tustin, California. The driver was not arrested and was not believed to have had any knowledge of the illegal nature of his haul.
Tustin police detective Haug is seeking any known information about the hi-jackers – which normally means they have no information about the suspects. Police estimate the value of the drugs to be over $7 million.
If you or someone you care about has been arrested for a drug charge or any other crime, call me:
Attorney Jeffrey Vallens (818) 783-5700 or (888) 764-4340
Email me at: vallenslaw@yahoo.com or visit my sites:
www.4criminaldefense.com or
www.westlakecriminaldefense.com
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Is Highway Hypnosis a Crime?
Criminal Charges Considered in Metro North Train Derailment An article this week in The Stamford Advocate reported on the tough decisions New York and federal prosecutors will be making in the coming weeks regarding the Metro North train derailment case. The accident caused the death of 4 passengers and injuries to dozens of commuters. Initial […]
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"How should states decide if someone convicted of a crime has an intellectual disability, when the answer means life or death?"
The title of this post is the first sentence of this lengthy USA Today article headlined "Supreme Court to revisit death penalty for mentally disabled." Here is more from an effective review of the challenging capital procedure issues now before...
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Multiple Crashes and Slide Offs in Inkom Area
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
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Idaho State Police
District 5 5205 South 5th Ave.
Pocatello, Idaho 83204-2299
(208) 236-6466 FAX: (208) 236-6068
For Immediate Release: 12-7-2013 1:40pm
Please direct questions to the District Office
On Saturday, December 7, 2013, the Idaho State Police investigated multiple crashes and slideofffs on Interstate 15 in the Inkom area. The roads are snowcovered and extremely slick. Drivers are advised to use caution while driving especially in this area.
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People v. Persaud
People v. Persaud Court Discusses the Elements of Attempted Assault and Reckless Endangerment in a Driving While Intoxicated Matter The defendant on November 30, 1997 drove his construction van into the front of a restaurant after the owner refused to...
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How to Find the Best Utah Bail Bond Agent for You or A Family Member
Having a family member or a friend in jail is scary, and finding the best Utah bail bondsman may not be easy. This is especially true if you know nothing about the criminal justice system. (It’s not necessarily a bad thing that you know nothing about the criminal justice system. It may mean that you’ve […]
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4 of the Sleaziest Child Abduction Tactics
Make no mistake about it. Parents who kidnap their children are self-centred, controlling, and high-handed. The very act of surreptitiously spiriting a child away from his or her home and primary parent requires a callous indifference to principles of common decency, a lack of respect for authority, and an ignorance of or a blatant disregard […]
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