We hate you!Those were the first words from the first victim impact statement at my client's sentencing. He'd killed a guy who was dearly loved by his family and friends (including, I should add, my client, who was one of his friends). And though the victim was, or at least was described as, almost saintly in his kindness, in his generosity in fact and spirit, his friends and family were unforgiving. You should be killed.There's no place in hell too hot for you.I hope you suffer foreverWe don't forgive you. We'll never forgive you.Throw the book at him.Those of us who've been there in those courtrooms, standing beside the reviled, have learned to endure these outpourings of venom, these spectacles of vituperation. We've come to expect them. We pay little attention, listening just enough to make note if someone says something that needs to be responded to or (less likely but it happens) embraced when we give our sentencing spiel to the judge.As I've said before, though, not everyone is out for blood. There are those who do forgive, who offer love and compassion, or who just figure that there's no need for one more dead body, one more grieving family. I write about them from time to time here. People like Allen and Jeanne Howe. People like Anthony Colón. Like Pierce O'Farrill and the family of Curtis Jackson and Rais Bhuiyan and, hell search the archives for yourself.I tell those stories because they inspire, because they show a glimmer of what can be. And so while Bob and Lola Autobee are litigating their right to talk to the jury at the death penalty trial of their son's killer (the prosecutor says they're only allowed to speak if they want to talk about how much they think he should be executed and since they want his life spared they should be silenced), While that's going on, I just naturally wanted to write about Irene Allain. She's the daughter of John McGrath, murdered in East Cleveland 28 years ago by, at least according to the jury, Gregory Lott who sits on death row, scheduled to be executed by the good people of Ohio on March 19. Allain, and the rest of her family, want to stop it. Via John Caniglia in the Plain Dealer."Although it has been difficult for me to come to terms with how my father died, I do not agree with executing Gregory Lott,'' Allain wrote in an affidavit that Lott's attorneys are using to seek clemency for him. "I am a devout Catholic, as is my family."I believe that life in prison is a just punishment for Gregory Lott. I believe his death sentence should be commuted to life imprisonment.''And then,"I don't want to put my imprimatur on a man's execution,'' said Jack McGrath, a grandson. "Much of this is because of my Roman Catholic faith. When I first learned of this in 1986, I almost thought of taking matters into my own hands. But time has healed our wounds. I don't believe in the death penalty because of my faith."I wouldn't want to be the person who prevents someone from changing -- from finding God, understanding the depth of what he has done and helping him prepare for the afterlife,'' Jack McGrath said. "If a man's put to death, any preparation for that is pretty much ended.''The thing is, as I was getting set to write this post about Allain and her family and Gregory Lott and. . . . Well, I kept thinking about that woman who stood up in court and said to my clientWe hate you!I wasn't there. I didn't get to hear it. I don't know if she screamed or spoke with cold malevolence or even in a voice tinged with sorrow (though I doubt the latter). I didn't represent the man then. And unlike Lott, he never faced the death penalty. Anyway, I was thinking about that woman and about my client's family who spoke too. And they spoke lovingly and with deep pain and regret of my client, but also of his victim's family.And then I read Stig Dagerman's brilliant short short story, "To Kill a Child." Steven Hartman, who translated the story, calls itperhaps the greatest short short story in the history of Swedish letters.Which may or may not be true, but is also beside the point.Here's the thing. As a lawyer, it's my job to do the best I can for my client. When I represent, as I commonly do, someone who caused or is said to have caused harm to another by homicide, robbery, assault, what have you, my focus is and must be on my client. The harm caused, the pain, those are things to be dealt with insofar as dealing with them helps my client. I'm a lawyer, not a social worker. And that's how it should be.But it's also true that we on this side of the aisle too often pay insufficient attention to those who suffered at our client's hands. We see our clients suffer (really, they do) and then when the voices of vengeance cry We hate you!We turn away. And don't really have an answer. Though if we're being honest, we might say, I'd hate him, too, if I were you.But here's the thing. That young man who was killed, that paragon of generosity in fact, in deed, and in spirit, that young man who friend and relative after friend and relative said would always return meanness with love, would give freely to those who wronged him. That young man who one after the other said was incapable of hate, would never hate, was better than that. On his behalf, in his memory, they hate.Which isn't hard to understand, and really, there's little wondering about the wallowing. But the real wonder is the turning away from the hatred. And that does everyone, including our clients, a world of good.
Wallowing in the Hate
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PA - Woman on Megan’s Law list, who never committed sex crime, breaks down (And hundreds more in the same situation?)
Original Article
01/31/2014
McKEES ROCKS - A woman on the Megan’s Law list, even though she never committed a sex crime, broke down while talking to Channel 11 Friday.
“I am not a sex offender. I...
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One Vehicle Injury Crash near Fort Hall
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: 02/01/14 1:45 a.m.
Please direct questions to the District Office
On January 31, 2014, at approximately 10:26 p.m., the Idaho State Police investigated a one vehicle rollover crash southbound Interstate 15 at milepost 80, near Fort Hall. Eric Miller, 20, of Idaho Falls, was traveling southbound on Interstate 15 near milepost 80, in a 2002 Subaru Impreza, when he went off the right shoulder of the roadway, through a fence, and into an empty irrigation ditch. Miller and his two passengers; Stacey Whitmore, 32, of St. Anthony, and Casey Edwards, 21, of Idaho Falls, were transported by ground ambulance to Portneuf Medical Center in Pocatello.
Miller was cited for inattentive driving and no driver's license. All occupants of the vehicle were wearing their seatbelts. The crash is still under investigation by the Idaho State Police.
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"Botched executions undermine death penalty"
The title of this post is the headline of this recent op-ed in the Providence Journal authored by Austin Sarat. Here are excerpts: This month’s execution of Dennis McGuire made headlines, and rightly so. The start of his execution was...
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DOJ Seeks Drug Defendants for Clemency Requests
Best news yesterday: Obama is searching for inmates who could use a sentence commutation. Deputy AG James Cole said during a speech:
It is the department's goal to find additional candidates, who are similarly situated to the eight granted...
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How will the State of Florida be required to process Medical Marijuana Applications - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 5
How will Florida process Medical Marijuana Applications?How will the State of Florida be required to process Medical Marijuana Applications?This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the legislature be so inclined. Here is an outline of how the State of Florida could be required to process Medical Marijuana Applications under the proposed language of the law:(a) Within 30 days of receipt of an application for an identification card, a county health department or the county’s designee shall do all of the following:(1) For purposes of processing the application, verify that the information contained in the application is accurate. If the person is less than 18 years of age, the county health department or its designee shall also contact the parent with legal authority to make medical decisions, legal guardian, or other person or entity with legal authority to make medical decisions, to verify the information.(2) Verify with the Florida Department of Health that the attending physician has a license in good standing to practice medicine or osteopathy in the state.(3) Contact the attending physician by facsimile, telephone, or mail to confirm that the medical records submitted by the patient are a true and correct copy of those contained in the physician’s office records. When contacted by a county health department or the county’s designee, the attending physician shall confirm or deny that the contents of the medical records are accurate.(4) Take a photograph or otherwise obtain an electronically transmissible image of the applicant and of the designated primary caregiver, if any.(5) Approve or deny the application. If an applicant who meets the requirements of Chapter 893 can establish that an identification card is needed on an emergency basis, the county or its designee shall issue a temporary identification card that shall be valid for 30 days from the date of issuance. The county, or its designee, may extend the temporary identification card for no more than 30 days at a time, so long as the applicant continues to meet the requirements of this paragraph.(b) If the county health department or the county’s designee approves the application, it shall, within 24 hours, or by the end of the next working day of approving the application, electronically transmit the following information to the department:(1) A unique user identification number of the applicant.(2) The date of expiration of the identification card.(3) The name and telephone number of the county health department or the county’s designee that has approved the application.(c) The county health department or the county’s designee shall issue an identification card to the applicant and to his or her designated primary caregiver, if any, within five working days of approving the application.(d) In any case involving an incomplete application, the applicant shall assume responsibility for rectifying the deficiency. The county shall have 14 days from the receipt of information from the applicant pursuant to this subdivision to approve or deny the application.Next Up - What Information will a Florida Medical Marijuana Card Contain?Stop Worrying. The Call is Free, the Relief can be valuable. 1-877-793-9290 .
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Booming Oil Fields May Be Giving Sex Trafficking A Boost
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Alleged Drunk Natick Driver Reports Own Accident
A driver from Natick who thought he was doing the right thing was actually turning himself in. According to ABC40, the 21-year-old driver walked right into a police station during the early-morning hours to report that he had crashed his vehicle. At that time, officers smelled alcohol on him and decided to perform field sobriety tests, which the driver failed. He was ruled to be over the legal limit to drive.
At that moment, officers arrested the man and charged him with driving to endanger and driving under the influence of liquor. He was later releases and pleaded not guilty to the charges.
Our drunk driving accident lawyers in Natick understand that intoxicated individuals don't always make the best of decisions. Difficulty walking, blurred vision, slurred speech, slowed reaction times, impaired memory -- clearly, alcohol affects the brain. Drivers use their hands, eyes, and feet to control the car; but their hands, eyes, and feet must be controlled by their brains. Safe driving requires alertness and the ability to make quick decisions in rapidly changing situations. Drinking alcohol can have a profound effect on driving skills.
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NY PL 240.30 Aggravated Harassment: When Spitting on Another is both Criminal and Non Criminal
Depending on the side of the law you stand (the defendant arrested for Aggravated Harassment in the Second Degree or the complainant accusing you of violating New York Penal Law 240.30), the evolution and changes to this crime is either concerning or welcomed. As initial matter, some things have not changed. For example, not only are many of the subsections or theories the same as they were years ago, but if you are given a Desk Appearance Ticket for PL 240.30 or you are run through the entire underbelly of the New York Criminal Justice System for Second Degree Aggravated Harassment, the potential sentence and punishment is one year in the local slammer.
One "type" of Aggravated Harassment in the Second Degree that has not changed is that which involves some form of physical contact (the statute also allows for other crimes that do not involve physical contact). "Physical contact," however, may not always be what it seems. A slap or punch? Certainly, but what about less clear and decisive contact? In People v. Carlson, 705 N.Y.S.2d 830 (Crim. Ct., NY Cty., 1999), the defendant was charged with Aggravated Harassment in the 2nd Degree (Penal Law 240.30(3)), Harassment in the 2nd Degree (PL 240.26(1)), and Menacing in the 3rd Degree (PL 120.15) when he allegedly directed racial slurs toward a complainant, including calling him a "nigger," and then spit in the complainant's face. The Court, in this case, was tasked to tackle the following issue: "whether defendant's alleged act of spitting in the informant's face subjected the complainant to 'physical contact' within the meaning of [PL 240.30(3)]. Defendant moved to dismiss all three charges.
In relevant part, a defendant is guilty of Second Degree Aggravated Harassment (PL 240.30(3)) when "with intent to harass, annoy, threaten or alarm another person he or she...(3) strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of the race, color, religion or national origin of such person." The intent of this statute is to "prohibit [violent conduct] and physical intimidation based upon bigotry," People v. Grupe, 532 N.Y.S.2d 815 (Crim. Ct., NY Cty., 1988).
The Court, in addressing the issue in this case, wrote that the "legislature intended the language 'or otherwise subjects another person to physical contact' to be a catchall provision." While noting that it would be "impossible" for lawmakers to contemplate every single instance of physical contact, the Court emphasized "spitting has long been recognized as an act sufficient to support a battery" People v. Peck, 260 Ill.App.3d 812, 814 (1994). Here, the defendant made physical contact with complainant when he spit on him as well as directed racial epithets towards complainant, thus creating a "viable inference that the conduct was racially motivated." Since each element of this statute was met, the Court upheld the charge.
Addressing Harassment in the Second Degree (PL 240.26(1)), the Court wrote that "a person is guilty of [this charge] when, with intent to harass, annoy, threaten or alarm another person: (1) he or she strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same." In this case, the Court reasoned that since defendant's racial slurs were coupled with him spitting upon the victim (which, as noted above constitutes "physical contact"), the charge must be upheld and put before a fact finder. Therefore, the Court denied defendant's motion as to this allegation.
Finally, the Court directed its attention to Menacing in the Third Degree (PL 120.15). A defendant is guilty of violating this statute when, "by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury." A key element in this scenario is "physical menace." To better understand what Menacing in the Third Degree is, the Court wrote that menacing occurs when "a person who, with intent to frighten another, points a gun at him which is in fact unloaded though not known by the victim to be so" Donnino, Practice Commentary, McKinney's Cons. Laws of N.Y., Book 39, Penal Law §120.15, at 203.
With that being said, the Court continued to write that although the physical contact in this case may be offensive, it does not rise to the level of physical menacing. Furthermore, no physical injury, serious or not, could arise from defendant spitting on the victim. Therefore, "some other act must transpire before the complainant could reasonably fear serious physical injury or physical injury." Accordingly, the Court granted defendant's motion in this regard and dismissed the menacing allegation.
To learn more about Aggravated Harassment in the Second Degree and Menacing in the Third Degree, please follow the links above and review the blogs and websites below. There you will find helpful, pertinent and easy to read information about these crimes.
A New York criminal defense firm, the New York criminal lawyers at Crotty Saland PC served as Manhattan prosecutors before representing the accused as criminal defense attorneys.
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As New Jersey Police Crack Down on DWIs this Super Bowl Weekend, What About Pot?
Few people have accused New Jersey law enforcement officials as being soft on drunk drivers; certainly not lately, so it wasn't surprising that with the world's premier sporting event taking place right here in the Garden State, that police all across the state were gearing up for some serious anti-DWI enforcement. As Monmouth County drunk driving defense lawyers, my colleagues and I are very familiar with the effort with which state and local patrolmen pursue those who may have had a little too much to drink.
While New Year's Eve, along with other popular national holidays, are prime time for DWI and drug DUI enforcement, the arrival of the Seahawks and Broncos is really heating things up for state police and municipal cops statewide. According to news reports, police presence on New Jersey roadways promises to be uncommonly high this coming Super Bowl weekend, especially in the East Rutherford area. The New Jersey state attorney general's office has advise fans who expect to party hard before, during and after the big game to bring a sober designated driver along for the fun.
This warning is not exactly falling on deaf ears, since those who follow police anti-drunk driving campaigns liken Super Bowl weekend to that of New Year's, which is recognized as one of the largest binge-drinking times of the year. And, because hundreds of New Jersey police will be working overtime to keep the streets safe and free of intoxicated motorists, there is no reason for anyone planning to celebrate professional football's famous face-off between the best of the NFC and AFC.
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WI - Wisconsin freeing more sex offenders from mental lockup
Original Article
02/02/2014
By Nora G. Hertel
Wisconsin officials have nearly quadrupled the number of offenders released from state custody after they were committed as sexually violent...
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2014 San Antonio Warrant Roundup
By Justin Coquat | Traffic Ticket SAThe 2014 San Antonio Warrant Roundup is almost here! Every year The Coquat Law Firm takes time to remind all of our readers about the 2014 San Antonio Warrant Roundup. What you need to know about the 2014 San Antonio Warrant Roundup. The 2014 San Antonio Warrant Roundup is expected to be the largest one yet. With police agencies from across the state coming together for one purpose: to go after outstanding warrants. Warrants can be issued for a failure to pay any fine, but a large percentage of warrants are for unpaid traffic tickets. To see a list of all of the police Continue reading →The post 2014 San Antonio Warrant Roundup appeared first on Traffic Ticket | Speeding Ticket | CDL Ticket | Traffic Ticket Dismissal |.
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FL - Colony of Outcasts: Some sex offenders find refuge in Fort Myers woods
Ery day we're shufflin'!Original Article
Florida, and across the country, these draconian laws have been creating these types of homeless camps. Take Julia Tuttle for example (And...
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GA - Georgia police strip search drivers during minor traffic stops
Cavity searchOriginal Article (Video available)
01/31/2014
By Mikael Thalen
An investigation out of Georgia has uncovered multiple police departments engaged in strip searches as well as searches...
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Multiple Drug/Alcohol Offenders
The Department of Motor Vehicles (DMV) has implemented administrative changes to restoring licenses to individuals with multiple alcohol/drug related convictions. Applicants with two or more alcohol/drug related convictions within the past 25 years will no longer be eligible to have their license restored upon completion of the Drinking Driver Program (DDP) but will be required to serve the entire term of suspension or revocation. In the past, a motorist was able to have their license restored after completion of the DDP (possibly seven weeks) even if their period of suspension or revocation could be as long as a year or more.
Applicants with three or four alcohol/drug related convictions or incidents within the past 25 years, without a Serious Driving Offense (SDO) and whose revocation does NOT result from an alcohol or drug related driving conviction or incident, will be denied re-licensing for two years in addition to the mandatory statutory revocation period and then will be re-licensed with a Problem Driver Restriction for two years.
An SDO defined as a fatal accident, driving related Penal Law conviction for two or more violations for which 5 or more points are assessed, or 20 or more points for any violations in 25 years.Applicants with three or four alcohol/drug related convictions or incidents within 25 years without a SDO, and whose revocation DOES result from an alcohol/drug driving conviction or incident, will be denied re-licensing for five years in addition to the statutory revocation period, and then will be re-licensed with a problem driver restriction for five years with an ignition interlock device (IID).
Applicants with three or four alcohol/drug driving related convictions or incidents within the past 25 years, with a serious driving offense, will be permanently denied re-licensing, subject to compelling extenuating circumstances.
Applicants with five or more alcohol/drugged related conviction or incidents in their lifetime will be denied re-licensing subject to compelling extenuating circumstances. Remember DMV goes back 25 years while most record checks only go back 10 years.
It is difficult to generate sympathy either administrative, legislative, judicial or prosecutorial for people with multiple drinking/drug driving offenses. It is imperative that driver have the services of an attorney with extensive background in this type of defense so the motorist can make informed decisions on how to proceed.
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SUPER BOWL XLVIII
Seattle's number one ranked defense takes on Denver's number one ranked offense in tonight's super bowl 48. This is the first time in 23 years the #1 defense is playing the #1 offense. Going inside the numbers:The Seahawks defense gives up 14.9 points per game ( 9 points better than the league average of 24 ppg). The Broncos Offense scores 37.9 points per game (14.5 points better than the league average of 23 ppg). The Broncos scored the most points in the league this year (606) and gained the most yards (6,317).The Seahawks defense allowed the fewest points (213) and the fewest yards (4,378).The Broncos have the highest scoring offense to ever reach the super bowl.In prior super bowl match-ups, the team with the number 1 defense that appeared in the super bowl won more than the team with the number 1 offense (this is in games where either the #1 offense or the #1 defensive team appeared, not in match-ups of #1's). In 1991, the last matchup of number ones, the NY Giants (#1 defense) defeated the Buffalo Bills (#1 offense) 20-19. So who wins this game? Easy. The Denver Broncos. Why? DEFENSE. DENVER'S DEFENSE. The team with the best rushing defense has won 37 of the last 47 super bowls. Seattle gave up 107 rushing yards this year. Denver's defense also gave up 107 rushing yards this year. Denver can stop the run. Seattle lives by the run. With the rushing offensive neutralized, the game comes down to the passing offense, and at that point, the game is over and you can turn to watching ice skating, because Peyton Manning (this year's MVP with 49 of 50 votes) is going to carve up Seattle's vaunted secondary like a piece of Seattle sashimi. It will not be close. SUPER BOWL PROP PLAYS:Denver is -3. Mortgage the house on Peyton Manning having two weeks to prepare for a defense (albeit a great defense). The rules of the current NFL favor the offense. Denver covers by a mile. Over/Under. The line opened at 47. 70% of the money came in on under and the line moved to 48. No worries. Over. Denver 38 Seattle 17. Time Renee Fleming takes to sing the national anthem vs. Peyton Manning passing yards in second half:Renee Fleming time: -120Peyton Manning passing yards second half: -120 (bet 120 to win 100). The over/under on the time it takes Fleming to sing the anthem is 2 minutes 25 seconds (145 seconds). The books are great on this number. Usually within a half a second. So assume Fleming sings the anthem in 145 second. Will Manning pass for more than 145 yards in the second half? You betcha. While we don't expect the game to be close, it will remain close through the third quarter (say 20-10) before Manning decides it's time to cement his legacy as a top three all time great QB. Winning Margin: Since we know the score will be 38-17 with Denver winning by 21, you can get +1000 (100 to win 1000 or 10 to 1) on Denver winning by 21. Put down $500 on this and you can take your 5K winnings on a Vegas trip in the spring. First half spread: Denver is -.5 points. Meaning if you think the Broncos will be in the lead by the end of the first half (they will) place this bet: -120 (bet 120 to win 100). Perhaps the best bet of the game. And of course, the lock of the game: the coin toss. Heads. Enjoy the game. We WON'T be watching. Duty calls. See you in court. Site Feed
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WA - Vanc. WSP officer (Kenneth S. Garrison) accused of sex abuse
Kenneth S. GarrisonOriginal Article
01/30/2014
PORTLAND - The Clark County, Wash., sheriff's office says a former Washington State Patrol lieutenant has been arrested on a warrant alleging multiple...
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Colony of Outcasts: Some sex offenders find refuge in Fort Myers woods
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WaPo: Volokh: Waiting for the dogs during police traffic stops
WaPo: Volokh: Waiting for the dogs during police traffic stops by Orin Kerr:
=> Read more!
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Forbes: Opinion: Obama's Weaponization of Government
Forbes: Opinion: Obama's Weaponization of Government by Thomas J. Basile:
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More Pages to Explore .....
