IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: 02/28/14 6:30 pm
Please direct questions to the District Office
***Final Update***
On Friday, February 28, at approximately 4:37 p.m., the Idaho State Police investigated a three-vehicle crash westbound Interstate 84 at milepost 37, just west of Garrity Road.
Elaina J. Wall, 31 of Caldwell, was driving westbound on I84 in a 1994 Ford Ranger. Laron E. Buseman, 35 of Boise, was also traveling westbound in a 1991 Toyota 4Runner when he was struck from behind by Wall's vehicle. Buseman's vehicle was pushed into the median, causing the vehicle to overturn and come to rest on its wheels. Buesman's vehicle struck a 2004 Hyundai Elantra being driven by Wendy J. Reynolds-Helms, 56, of Caldwell.
The two right lanes of travel were blocked for approximately one hour.
All occupants were wearing their seatbelts.
****Update****
All lanes are now open.
*****END OF UPDATE*****
The Idaho State Police are on scene with a three-vehicle rollover crash westbound I-84 at milepost 37. There is lane blockage at this time. Motorists are encouraged to avoid the area if possible. More information will be released as it becomes available.
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Final Update: Three vehicle crash WB I84 at 38
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The Privilege Against Self-Incrimination After Testifying Under Oath: Commonwealth v. Martin, 423 Mass. 496 (1996)
There was once a time in Massachusetts when a witness who had already testified before a grand jury could simply invoke his privilege against self-incrimination and avoid having to testify in court. Then, in the mid 1990's, when street gang...
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Martoma Attacks Insider Trading Verdict and Moves for New Trial
Mathew Martoma, convicted last month of insider trading, has moved for judgment of acquittal or for a new trial. In papers filed yesterday, Martoma argues that Judge Gardephe should disregard the jury’s verdict because the information Martoma received from doctors involved in a study for the treatment of Alzheimer’s was not material and was already in the public domain. If the court declines to enter judgment in his favor on all counts, Martoma contends that he is entitled to a new trial. Martoma says the memory of eighty-year-old neurologist Dr. Sidney Gilman – the government’s star witness – was “unreliable and...
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Former NFL Punter Gets 7.5 Year Prison Sentence For $2 Million Ponzi Scheme
A former first round draft choice for the New Orleans Saints learned he will spend the next 90 months in federal prison for masterminding a $2 million Ponzi scheme. Russell Erxleben, 57 - the current NCAA record-holder for the longest field goal in history - received the sentence after pleading guilty to a single count of wire fraud and money laundering in December 2013. The prison term will not be Erxleben's first foray in federal prison - he previously served a 10-year sentence for a $30 million foreign currency trading scheme in 1999.
Erxleben was a college All-American while attending the University of Texas in the late 1970s, and later had the distinction of being only one of three kickers drafted in the first round of the NFL draft. However, after playing six seasons in the NFL, Erxleben turned to investing. He was later arrested and charged with securities fraud after authorities accused him of masterminding a foreign currency trading scheme in which investors lost tens of millions of dollars. In 1999, he received a ten-year prison sentence and was ordered to pay $28 million in restitution to defrauded investors.
However, after being released from federal prison in 2005, Erxleben again became involved in the investment business, forming several companies under a main entity Erxleben Entities that promoted various investment opportunities including the ability to profit from post-World War I German government gold bearer bonds. Investors were solicited to purchase the bonds for $1,000 apiece, after which Erxleben would place the bonds in trust and create securities that would then purportedly be in high demand by outside investors. While the scheme lasted several years, investors ultimately never received the bonds or any associated returns.
After the German bond venture fizzled out, Erxleben began soliciting investors in 2009 for another venture, Gauguin Partners LLC ("Gauguin"). According to Erxleben, he had in his possession a rare painting commissioned by Paul Gauguin, a 1800's French artist. Investors were told that if the painting could be certified as authentic - a process that cost $75,000 - the painting could then be sold for nearly $60 million. Again, investors saw no returns, and instead their funds were diverted by Erxleben for the payment of personal expenses.
Erxleben was arrested in January 2013 and charged with five counts of wire fraud, two counts of money laundering and one count of securities fraud. Prosecutors then successfully argued for Erxleben to remain in custody pending trial on the basis that he was a flight risk. A federal magistrate judge later issued an order concluding the absence of any conditions for Erxleben's pre-trial release, citing Erxleben's propensity for posing a financial danger to others, as well as testimony by a former inmate that Erxleben had attempted to hire him to intimidate a key witness.
A copy of the indictment is below:
US v. Russell Erxleben Indictment by jmaglich1
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Victims of $300 Million Ponzi Scheme File Suit Against Banks
Victims of a massive $300 million Ponzi scheme masterminded by a Cincinatti businessman have filed a lawsuit against three prominent financial institutions, accusing the banks of improperly assisting in the diversion of their investments to third-party accounts presumably controlled by the schemer. The lawsuit names U.S> Bank, PNC Bank, and Fifth Third Bank (collectively, the "Banks") as defendants, alleging multiple violations of Ohio's Unifrom Commercial Code and negligence related to their assocation with Cincinnati businessman Glen Galemmo, who recently pleaded guilty to wire fraud and money laundering charges.
Galemmo operated Queen City Investment Fund ("Queen City"), along with a dozen other investment entities. Touting himself as an experienced trader, Galemmo promised lucrative returns to potential investors through investments in stocks, bonds, futures, and commodities. Investors were provided with promotional materials indicating Queen City had enjoyed a streak of consistently above-average returns, including a return of nearly 20% in 2008 when the S&P 500 experienced a -38.49% loss. Potential investors were assured that Galemmo obtained annual audits of Queen City, and were provided with monthly statements showing steady returns. In total, Galemmo raised at least $100 million from individuals, trusts, and even charitable organizations.
According to the lawsuit, the plaintiffs are various individuals and entities that invested with various Galemmo entities, including Queen City Investments ("QCI") and QFC LLC ("QFC"). Each of the plaintiffs attempted to make an investment in QCI or QCF, making a check out to the respective entity drawn on one of the three banks. However, the complaint contends that each check was not deposited in the intended account for the indicated entity, but rather to a third-party account not disclosed to plaintiffs. In total, more than $450,000 of checks were "improperly" deposited according to Plaintiffs.
Plaintiffs contend that they were not informed of the banks' decision to tender payment to the third-party entities, and would not have invested in the entities had they been informed of the situation. Plaintiffs bring several claims based on violations of Ohio's Uniform Commercial Code, including the failure to act with ordinary care and the breach of duty to act in good faith. Additionally, the Banks are accused of negligence for their failure to comply with "Know Your Customer" obligations and to further inquire into and report suspicious banking activities that should have been triggered by the activities.
A copy of the complaint is below:
Murray Law v. Fifth Third-Complaint
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Brass Knuckles and the Law
Although their popularity has waned somewhat in recent years, brass knuckles remain a recognizable weapon that occupies a prominent place in the American cultural canon. These implements have been depicted in a wide variety of novels, movies and television programs from the beginning of the 20th century through to the present. Depending upon the nationality, [...]
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Maryland Separation Agreement Form
This content originally came from Baum Law Offices, LLC - Attorney Matthew Baum - law offices in Baltimore, Catonsville, and Columbia, Maryland.Separating from a spouse is never just as simple as filling out a form and moving out. Separations require individuals to unravel the finances of their marriage and to decide, in a rational manner, how children, pets, and marital property… The post Maryland Separation Agreement Form appeared first on Baum Law Offices, LLC - Attorney Matthew Baum. It was originally written by Matthew Baum.
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When Police Officers Shade Their Testimony
“Runner!” This is what one police officer yells to the other two officers, and all three officers take off in pursuit of a suspect who has decided to flee. According to the officer’s testimony at trial, the officers are 20 feet behind the suspect and “closing fast” when the suspect suddenly comes to full stop. […]
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On the Media: Secrecy at the Border
On the Media: Secrecy at the Border:
A look at the suspension of rights at the border, murkiness of border policies, and lack of answers from the federal government.
Scroll down and look at the whole page. Remarkable.
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NPR: As Police Monitor Social Media, Legal Lines Become Blurred
NPR: As Police Monitor Social Media, Legal Lines Become Blurred by Martin Kaste:
=> Read more!
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$76 Million Distributed in Full Tilt Poker Restitution
We have previously reported on the arrangements being made by the Garden City Group for remittance of money to the former customers of Full Tilt Poker. Since that time, there has been a lengthy process for the submission of claims to the group for administration. It appears that players’ waiting has not been all for […]
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New York video recording of the test
This is a proceeding wherein the defendant is charged with one count each of Operating a Motor Vehicle While Intoxicated pursuant to VTL §1192.3 and Operating a Motor Vehicle While Impaired pursuant to VTL §1192.1. The defense has made a motion to preclude the People from introducing the result of the SD-2 Intoxilyzer portable breath alcohol test administered to the defendant. A response was filed by the People.
The court grants the defense's motion to preclude introduction of evidence relating to the portable breath alcohol test.
Relying on the statutory scheme and the Court of Appeals' ruling in the case of People v. Thomas, the court in the case of People v. Reed held that field test results cannot be introduced as evidence in chief of defendant's intoxication also similar to the rulings in the cases of People v MacDonald and People v Wright. Pursuant to VTL §1194, a field test serves to determine probable cause for an arrest and it is the chemical breath test that may be admitted at trial as held in the landmark cases of People v Reed, People v Schook, People v Thomas and People v Wright. The ruling in the case of People v Hampe which has been relied upon is inapplicable to the instant facts given that the test in that case involved a chemical test given at the precinct. A field test was not at issue in that proceeding.
The cases of People v Reed and People v Boscic held that the statute differentiates between a preliminary field test and a chemical breath test, which is admissible at trial with the laying of a proper foundation. According to VTL §1194 (2) (a) and (b), the initial breath test and the subsequent chemical test serve different purposes, the first determines if alcohol was consumed and the second determines the level of alcohol consumed. The criminal statute does not provide that a field test is admissible as evidence in chief of defendant's intoxication and no such language will be read into the statute by this court. That the Intoxilyzer S-D2 is listed as a devise approved to test blood alcohol content does not establish that the devise is admissible at trial to prove the defendant was legally intoxicated.
The court in the case of People v Reed, held that a breath sample shall be collected within two hours of the time of arrest or within two hours of a positive breath alcohol screening test. Further, the court requires that the driver be under continuous observation for 15 minutes prior to a chemical test, that a system purge immediately must precede both the test and analysis of the reference sample and that analysis of a reference standard be made and recorded immediately prior to or following the breath test.
The portable SD-2 Intoxilyzer alcohol breath test is used as a screening tool in the field to determine if the defendant has consumed alcohol as was also done in the cases of People v Reed, People v Schook and People v O’Reilly. The court held in the cases of People v Harper, People v Thomas, Smith v Commissioner of Motor Vehicles and People v Schook that a roadside Alco-Sensor screening test is sufficiently reliable for use in determining the presence of alcohol on a pass/fail basis, if properly administered an Alco-Sensor test can help establish probable cause for the arrest of a DWI suspect.
A portable alcohol screening devise may be used for a field test to determine probable cause for an arrest and its use in determining blood alcohol content is proper for that purpose given its approval, but is not admissible at trial in a DWAI prosecution because the test results are not sufficiently reliable to prove intoxication, i.e., the blood alcohol content reading. As noted in Reed, the Department of Health rules and regulations themselves recognize the difference between preliminary screening test and chemical test in accordance with 10 N.Y.C.R.R. 59.4 (b) (4) (xxiii)).
To Be Cont...
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FINDINGS REQUIRED FOR REVIEW OF TWO-STEP INTERROGATION
In October of 2013, the Texas Court of Criminal Appeals considered the Fifth Amendment and a criminal defendant's privilege against self-incrimination in the context of law enforcement breaking an interrogation into two steps. I have previously written about the substantive legal analysis of the two-step process, often referred to as the "mid-stream Miranda" analysis, in discussing a Kaufman County case decided at the Dallas Court of Appeals.
After arrest, a defendant has the right to remain silent in the face of police questioning. The police are required to inform the defendant of this right before they question him, as part of the Miranda warnings, or the information obtained from the defendant is inadmissible in trial.
Sometimes police officers employ what is called a "two-step" interrogation process: they will question the defendant without warning him of his rights, obtain a confession or other information, then inform the defendant on his rights and get the information a second time. The Texas Court of Criminal Appeals has said that such interrogations will be scrutinized to see if police were deliberately trying to subvert Miranda.
In this case, there was a procedural error. No findings of fact were made by the trial court, as required by Texas statute, so the appellate courts could not properly review the trial court's decision. In effect, the appellate courts did not know what happened, so they could not determine whether police misconduct occurred or not. The Court of Criminal Appeals sent the case back to the trial court for findings of fact to be made.
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RESULTADOS JUDICIALES QUE DEBEN REVISAR CONFESIÓN EN DOS PARTES
En octubre de 2013 , el Tribunal de Apelaciones en lo Penal de Texas consideró la Quinta Enmienda y el privilegio de un acusado a no autoincriminarse en el contexto de la aplicación de la ley rompiendo un interrogatorio en dos pasos. He escrito anteriormente sobre el análisis de fondo legal del proceso de dos pasos , a menudo referido como el análisis " a mitad de camino de Miranda," en la discusión de un caso del Condado de Kaufman.
Después del arresto , el acusado tiene derecho a guardar silencio frente a los interrogatorios policiales . La policía está obligada a informar al acusado de este derecho antes de que lo cuestionan , como parte de las advertencias Miranda , o la información obtenida a partir de la parte demandada es inadmisible en el juicio .
A veces los agentes de policía emplean lo que se llama un proceso de interrogatorio " dos pasos ": van a interrogar al acusado sin advertirle de sus derechos, obtener una confesión o información , a continuación, informar al demandado sobre sus derechos y obtener la información por segunda vez. El Tribunal de Apelaciones en lo Penal de Texas ha dicho que tales interrogatorios serán examinadas para ver si la policía estaba deliberadamente tratando de subvertir Miranda.
En este caso , había un error de procedimiento . No hay conclusiones de hecho fueron realizadas por el tribunal de primera instancia , como lo requiere la ley de Texas , por lo que los tribunales de apelación no podían revisar adecuadamente la decisión del tribunal de primera instancia . En efecto , los tribunales de apelación no sabían lo que pasó , por lo que no pudieron determinar si la mala conducta de la policía se produjo o no. El Tribunal de Apelaciones en lo Penal devolvió el caso al tribunal de primera instancia para la determinación de los hechos que se harán.
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Violation of the Fourth Amendment
A New York Criminal Lawyer said that, the People's evidence consists mainly of testimony by the Police Officer that on June 12, 1977, he peered through the partially opened window of the brightly lit rest room at the rear of...
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A valid contract requires a meeting of the minds
A man seeks to recover $1,492 from his opponent for damages obtained of his automobile while in their exclusive possession and control. The opponent then interposed an application, seeking dismissal to the complaint upon the sole ground of release of...
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Wired.com: Feds Refuse to Release Public Comments on NSA Reform — Citing Privacy
Wired.com: Feds Refuse to Release Public Comments on NSA Reform — Citing Privacy by David Kravets:
=> Read more!
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Willingham prosecutor allegedly failed to disclose jailhouse snitch deal
The New York Times this week (Feb. 27) published an article on the Todd Willingham case casting doubt on the credibility of a jailhouse informant who provided the only evidence besides flawed arson science suggesting that Willingham, who has since been executed, set the fire that killed his three children. Reported the Times' John Schwartz:Mr. Willingham was convicted on charges of setting the 1991 fire in Corsicana, Tex., that killed his three children, and was sentenced to death the next year. The conviction rested on two pillars of evidence: analysis by arson investigators, and the testimony of a jailhouse informant, Johnny Webb, who said that Mr. Willingham had confessed the crime to him.The arson investigation has since been discredited; serious questions were raised about the quality of the scientific analysis and testimony, which did not measure up to the standard of science even at the time. But the prosecutor who led the case shortly before Mr. Willingham’s execution argued that even though the arson analysis had been questioned, the testimony of Mr. Webb should be enough to deny any attempt for clemency.In recent weeks, as part of an effort to obtain a posthumous exoneration from the Texas Board of Pardons and Paroles and Gov. Rick Perry, lawyers working on Mr. Willingham’s behalf say they have found evidence that Mr. Webb gave his testimony in return for a reduced prison sentence. Evidence of an undisclosed deal could have proved exculpatory during Mr. Willingham’s trial or figured in subsequent appeals, but Mr. Webb and the prosecutor at trial, John Jackson — who would later become a judge — explicitly denied that any deal existed during Mr. Webb’s testimony. ... The Innocence Project also contends that prosecutors suppressed an effort by Mr. Webb to recant his testimony. ... What has changed is that investigators for the Innocence Project have discovered a curt handwritten note in Mr. Webb’s file in the district attorney’s office in Corsicana. The current district attorney, R. Lowell Thompson, made the files available to the Innocence Project lawyers, and in late November one of the lawyers, Bryce Benjet, received a box of photocopies.As he worked through the stack of papers, he saw a note scrawled on the inside of the district attorney’s file folder stating that Mr. Webb’s charges were to be listed as robbery in the second degree, not the heavier first-degree robbery charge he had originally been convicted on, “based on coop in Willingham.”Flawed forensics and prosecutorial misconduct are a potent mix. No one will ever know for certain whether Todd Willingham was innocent or guilty - one can't prove a negative - but it's pretty certain at this point he should never have been convicted in the first place.
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Private prison roundup
Here are a number of private prison related items that deserve Grits readers' attention:Texas Prison Bidness: Geo's Karnes County Correctional Center found out-of-compliance for overcrowding, understaffingTexas Prison Bidness: Johnson County to foot bill for expanded LaSalle Southwest Immigration detention center?Texas Prison Bidness: GEO Group expands Laredo Detention Center by 400 beds for immigrant prisonersTexas Prison Bidness: Detention Watch Network: Canadian National dies at Houston Processing Center Think Progress: GEO Group agrees to nationwide settlement after widespread claims of violencePolitico: The Private Prison Racket: Companies that manage prisons on our behalf have abysmal records. So why do we keep giving them business?
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Both officers ran to the front of the store
A couple drove from Florida to New York City to visit some of their friends. After the first few nights, they settled in a motor inn. Later, as the couple drove past to a boutique, a woman's clothing store, the...
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