Chris HaysOriginal Article
02/06/2014
SAN DIEGO - Team 10 confirmed another San Diego police officer is accused of sexually assaulting women while on duty.
Sources said SDPD Officer Chris Hays is...
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CA - San Diego police officer Chris Hays accused of sexually assaulting women while on duty
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GA - New business owner looking for employees just out of jail
Original Article
02/06/2014
By Jim Wallace
ALBANY (WALB) - An Albany businessman hopes to fill his new business with employees who are on probation.
Willie Ross says if more businesses hire folks...
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TX - Registered Sex Offender Speaks Out
Original Article
See the video at the link above.
02/06/2014
By Christina Coleman
New law makes it easier for registered sex offenders to get jobs by removing their place of employment from the...
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MN - Deal may be near in case of ex-cop (Bradley Schnickel) accused of soliciting girls
Bradley SchnickelOriginal Article
02/07/2014
By Sarah Horner
A settlement may be coming in the case against a former Minneapolis police officer accused of soliciting young girls on the Internet...
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Former Sheriff Gets 30-Month Sentence For $1.2 Million Ponzi Scheme
A former sheriff's deputy will spend the next thirty months in federal prison for orchestrating a Ponzi scheme that raised more than $1.2 million from victims that included fellow law enforcement personnel. David N. Hawkins, 46, received the sentence from U.S District Judge Robert E. Blackburn, who also ordered Hawkins to serve three years of supervised release following completion of the sentence. Hawkins pleaded guilty last year to one count of wire fraud and one count of money laundering.
Hawkins was hired by the El Paso Sheriff's Office in 2001, and soon thereafter was sworn in as a sheriff's deputy. In or around 2006, Hawkins began attending training courses on how to trade foreign currencies ("forex"). Beginning in 2009, Hawkins used this knowledge to hold himself out as a sophisticated currency trader, telling colleagues, family, and friends that he had several years of experience in achieving consistent gains - sometimes as high as 62% - from forex trading. Unbeknownst to his employer, Hawkins told potential investors that an investment in his PD Hawk Investment Fund would yield consistent 10% monthly returns - an annual return of over 100%. Based on these representations, Hawkins raised more than $1 million from over 70 investors.
However, according to the FBI, "at no time were [Hawkins'] investments ever profitable." Instead, Hawkins ran the classic Ponzi scheme, using investor funds to repay earlier investors and to make purported interest payments. Hawkins used investor funds as his personal piggy bank, purchasing multiple automobiles, paying personal expenses, and even buying two semi-professional indoor football franchises in Illinois and Texas. These teams never became operational, and authorities began investigating after Hawkins abruptly cancelled the 2012 season. Authorities estimate that total losses to investors exceeded $200,000.
Hawkins was also ordered to pay restitution of $204,348.91 to the remaining victims.
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"Parting Words: The Visual Story Of Death Row Prisoners' Last Words"
The piece at The Huffington Post discusses the project and also provides this link to a Texas website capturing the last words of executed offenders in Texas.
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NO MORE DELAYS
Ok. Now the Herald is getting serious. In light of Senator Rubio's (R. Alternate reality) refusal to allow the nomination of Judge Will Thomas proceed to the senate judiciary committee (Motto: "We'll get right on it") the Miami Herald Editorial Board now has it's dander up. It's feathers are ruffled over this kerfuffle, and they've had enough dammit! The Herald is calling for (steady yourself) an end (gasp!) to the delays in approving judicial nominations. Through some careful reporting and sophisticated analysis, the Herald is now prepared to say that politics are behind the delays in confirming judges. And they don't like it one bit:These delays of nomination votes have unfortunately become routine in gridlocked Washington. President Obama is hardly the first Oval Office occupant to see his federal judicial nominations languish in the Senate. But really, senators, almost two years to confirm a single judicial appointment?The delays are driven, almost entirely, by crass partisanship. The result is U.S. District Court vacancies that go unfilled, literally, for years. That’s justice delayed, justice denied. And it’s entirely the fault of the U.S. Senate.The full editorial is here. Rumpole says: Judges Beth Bloom and Darrin Gayles benefit from Senator Rubio's intransigence on Judge Thomas. Rubio got his pound of flesh and won't stand in the way of Bloom and Gayles' nomination. Life is all about the timing. Enjoy your weekend. See you in court. Read more here: http://www.miamiherald.com/2014/02/06/3917656/no-more-delays.html#storylink=cpySite Feed
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Kats Education and Better Life Fund
KatA word from Kat:
Here is a link to pre-view the funding campaign my grandfather and family are working on starting.
So far we have 3 team members outside our family. We are very grateful to them...
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Fighting crime by making the bounty worthless
The L.A. Times has this story. In part: Citing skyrocketing thefts of smartphones and tablets, officials proposed Thursday that California become the first state to require the devices to be sold with "kill switches" that render them inoperable when stolen....
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TX - 3-Day Suspension for a Cop's (Jackie Len Neal) Sexual Assault? Terrifying Impunity in TX Police
Jackie Len NealOriginal Article
02/07/2014
By Ryan Kocian
An Austin police officer sexually assaulted a woman in the back seat of his cruiser, and she's not the first one he molested, she claims...
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OH - Attorney General Mike DeWine is freaking out again - Sex offenders living in nursing homes
Original Article
A friend of ours mother worked in a nursing home and she said many of the people in these places have very serious mental problems, some walk up and down the hall all day screaming...
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TX - Dallas Police Officer (Oscar Araiza) Charged With Sexual Assault
Oscar AraizaOriginal Article
02/08/2014
The Dallas Police Department announced that it has arrested and charged one of its own officers with sexual assault.
Dallas Police Chief David Brown has...
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TX - Former Police Officer (Daniel Jaramillo) Arrested for Sexual Assault
Original Article
02/08/2014
Former law officer is in jail accused of sexual assault. 34-year old Daniel Jaramillo a former officer with the Orange Grove Police Department, was arrested in Alice...
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First Amendment....cont
The defendant argues that, if applied to criminalize his statements and conduct, Penal Law — the disorderly conduct statute underlying his arrest — violates the First Amendment. He contends that the Court should avoid this result by construing the provision narrowly to permit prosecution only when the statements uttered by the accused either constitute obscenity (as that term has been defined in First Amendment cases) or fighting words and he claims that his arrest was unlawful because his utterances did not fall into either category. Before the court can address what is, in effect, an as-applied challenge to the constitutional validity of the statute, the court must first determine whether the Penal Law arrest was lawful under the existing precedent. Thus, the threshold issue presented in this case is whether there was a record basis for the finding of the courts below that the defendant's disorderly conduct arrest was supported by probable cause. Probable cause exists if the facts and circumstances known to the arresting officer warrant a prudent person in believing that the drug offense has been committed.
Under Penal Law 240.20, a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof in a public place, he uses abusive or obscene language, or makes an obscene gesture. The offense has existed in one form or another for more than a century and has spawned a significant body of case law. As is clear from the precedent, critical to a charge of disorderly conduct is a finding that the defendant's disruptive statements and behavior were of a public rather than an individual dimension. This requirement stems from the mens rea component, which requires proof of intent to threaten public safety, peace or order (or the reckless creation of such a risk). Thus, a person may be guilty of disorderly conduct only when the situation extends beyond the exchange between the individual disputants to a point where it becomes a potential or immediate public problem. Marijuana can be the cause.
The public harm element is what distinguishes the disorderly conduct statute from other offenses that contain similar requirements but encompass disputes of a more personal nature. As the court has previously explained, this element performs an important narrowing function.
The court has clarified that the risk of public disorder does not have to be realized but the circumstances must be such that the defendant's intent to create such a threat (or reckless disregard thereof) can be readily inferred.
In a related case, the Court upheld a conviction involving a newlywed who created a disturbance that spilled from the parking lot of a hotel into the area outside a mini-mart and gas station in the middle of the night. When a police officer drove up to the hotel, which was situated in a quiet village, she found the defendant yelling and waving his arms at his bride, who was seated on a curb weeping while still in full wedding attire. In the presence of the officer, the defendant issued a stream of obscenities at his wife in a loud, aggressive and threatening tone. He then turned his attention to the police officer who had attempted to intervene, telling her that if she put her hands on him, she would be taking him to jail. After failing to heed repeated warnings to stop his disruptive behavior and calm down, the defendant was arrested for disorderly conduct. The court held that the arrest was lawful, concluding there was sufficient evidence that the defendant's statements and conduct evidenced intent to create a risk of public harm given the late hour, the quiet nature of the surrounding community and the protracted, increasingly aggressive nature of the defendant's vocalizations. Heroin could have been involved.
To Be Cont...
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CA - Living with 290: Traveling to Cabo San Lucas - Denied entry into Mexico
Original Article
01/16/2014
My boyfriend and I traveled to Cabo San Lucas as we do every year. After several scans of our passports at US airport we board the plane. He’s is a RSO from 20 years ago...
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The jury nevertheless convicted the defendant of conspiracy....cont
Hearsay is evidence of a statement, whether oral, written, or conveyed through intentional nonverbal conduct, that (1) was made other than by a witness while testifying at the proceeding at which the evidence is offered; (2) has a content...
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DCJS' regulation
Because not everyone sentenced to interlocking can afford it, the Department had to contrive a means to pay for interlocking for indigent drivers or, "operators". Rather than having local governments finance them, the Department insisted that the "qualified manufacturers"...
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"Prosecutors denied Hernandez calls"
From ESPN.com: A judge rejected a request Friday by prosecutors in ex-New England PatriotAaron Hernandez's murder case for his jailhouse phone recordings, then ordered them to turn over to the defense copies of calls they acknowledged already having. Judge Susan...
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"After decades in prison over murders, DNA evidence frees 2 New York men"
From CNN.com: "Before you know it, I had this photograph shoved in my face, and I was being threatened and slapped around, and they wanted me to sign a false confession. And I wouldn't," Yarbough said. Police also took in...
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TX1: TCIC/NCIC check that produced only a DWI2d was reliable enough to force a blood draw
When defendant was stopped for a lane violation and was suspected of DWI, the officer asked dispatch to run his name. It came back with a DWI2d, which defendant argued was inconsistent and unreliable without the DWI1st. It wasn’t and the blood draw required by the Texas Transportation Code was valid. Lyssy v. State, 2014 Tex. App. LEXIS 1367 (Tex. App. - Houston (1st Dist.) February 6, 2014).*
Defendant was almost in an accident and was followed home. The officer observed him unsteady on his feet, and the arrest was with probable cause. State v. Morris, 2014 Iowa App. LEXIS 110 (February 5, 2014).*
Defendant’s stop was for overtinting, but the officers had reasonable suspicion that the occupants were involved in car burglaries where wallets and credit cards were stolen, and they were suspicious at an ATM, parking so the cameras wouldn’t get the car and looking around too much. During the stop, they were completely uncooperative and their IDs could not be confirmed. United States v. Obasuyi, 2014 U.S. Dist. LEXIS 14811 (S.D. Fla. January 24, 2014),* adopted 2014 U.S. Dist. LEXIS 14830 (S.D. Fla. Feb. 6, 2014).*
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