In this Criminal case, the question presented is whether a positive toxicology for marijuana and a respondent mother's admission to prior marijuana use are sufficient to establish neglect pursuant to Family Ct Act § 1012 (f) (i) (B) or §...
Family Court Act §1051 (c
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Two Traveling Through Idaho Sentenced for Meth Trafficking
POCATELLO – Co-defendants Robert Anthony Johnson, 33, of Fairview, Montana, and Brandy Rachelle Felts-Patelzik, 40, of Watford City, California, were sentenced today in United States District Court in Pocatello for possession with intent to distribute methamphetamine, U.S. Attorney Wendy J. Olson announced.U.S. District Judge Brian Ted Stewart, from the District of Utah, sentenced Johnson to 75 months and Felts-Patelzik to 12 months in prison, followed by four years of supervised release. Johnson was also ordered to pay a $1,500 fine. The two pleaded guilty to the charge on December 2, 2013.According to the plea agreements, on February 25, 2013, the defendants were traveling from Nevada to North Dakota. While en route, they were stopped by Idaho State Police in Madison County, Idaho. A subsequent search by law enforcement found them to be in possession of one and one-half pounds of a mixture containing methamphetamine.Co-defendant Wes Elden Williams, 56, of Ririe, Idaho, is set for sentencing on April 21, 2014. He pleaded guilty on January 29, 2014, to possession with intent to distribute methamphetamine. He faces up to 20 years in prison, a maximum fine of $1 million, and at least three years of supervised release.The case is the result of a joint investigation by Idaho State Police and the Madison County Sheriff’s Office.
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R.I.P. L'Wren Scott
Fashion designer L'Wren Scott, long time significant other of Mick Jagger, was found dead in an apparent suicide in her New York apartment this morning.
The Stones are on tour in Australia. Yesterday, I was reading his tweets about his...
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GM Recalling 1.6 Million Cars Due To Defective Ignition Switches
One of the “Big Three” Automakers, General Motors, has announced a massive recall of 1.6 million vehicles which apparently had defective ignition switches, causing the cars to turn off and disabling airbags in the process. As a result of the defective ignitions, the electrical systems in the vehicles would be inoperable, causing the airbags not to deploy, and many drivers and passengers of GM vehicles died as a result.
According to the Center for Auto Safety, federal data complied by the National Highway Traffic Safety Administration (NHTSA) revealed that 303 deaths were caused due to the failure of airbags to deploy. GM acknowledges 12 fatalities due to the defective ignition switches, but nonetheless, has instituted a massive recall of 1.6 million vehicles, comprised of 2005-07 Chevrolet Cobalts, 2003-2007 Saturn Ions, 2005-2007 Pontiac G5’s, 2006-07 Chevrolet HHRs, the 2006-07 Pontiac Solstice, and the 2007 Saturn Sky.
GM is now facing a congressional investigation and an inquiry by federal prosecutors in N.Y. into its response to the defective ignition switches, after it was widely reported that GM engineers knew in 2004, and possibly as early as 2001, about the ignition switch problem.
Recently, a slew of lawsuits by crash victims’ families and shareholders have been commenced, and some were settled in the last few months. One recent settlement involved the death of 29 year old Brooke Melton, who was killed after her 2006 Chevy Cobalt suddenly lost power and crashed into another car. Her attorney made demands for GM internal documents and information as to other similar claims, in response to which GM’s attorneys fought bitterly in attempting to resist providing the information and documentation. However, in a complete reversal of strategy, GM settled the case with the requisite confidentiality agreement demanded by corporations in all such cases. Part of GM’s motivation may have been the public relations nightmare that Toyota experienced back in 2010 when the company was hit with numerous “sudden acceleration” cases and blamed driver error rather than addressing the problem in a reasonable, prompt fashion.
Similarly, there was the fatal accident of Hasaya Chansuthus, a 25 year old woman killed when her 2006 Chevrolet Cobalt went out of control in the rain in Murfreesboro, Tennessee on December 31, 2009. Her car sideswiped another vehicle and crashed into a tree at 70 miles per hour, with no air bag deployment. Initially, GM fought the case based upon Ms. Chansuthus’ blood alcohol level of 0.19, more than twice the legal limit. However, after litigation was commenced, GM changed tactics and quietly settled the case with a confidentiality agreement.
It appears that the problem often occurs due to heavy key chains, which cause the ignition switches to move from the on position to "accessory" or "off." This apparently resulted in cars stalling, losing power for the steering and brake systems, and disabling the airbags. One of the issues that GM will now have in announcing a recall at this late date is the fact that many of the vehicles are now with second or third owners, who may have no connection with GM and may not be notified of the recall.
GM is recommending that all owners of the affected vehicles, until they are modified, take all non essential items off of their key rings to prevent the movement of the switches from “on” to “accessory” or “off”.
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Essay Examines Pitfalls of Justice System
A recent essay written by Austin Harrington of "The Good Men Project" that was published by Business Insider examines the pitfalls of the justice system that led to Gerard Richardson's wrongful conviction. Richardson spent 19 years in prison for the 1994 murder of Monica Reyes before DNA testing proved his innocence. He became a suspect after law enforcement learned that Reyes, who was addicted to heroin, had sold drugs for Richardson on a few occasions to support her habit and owed him approximately $90. Richardson's conviction was based largely on the testimony of a forensic dentist who claimed that a bite mark on the victim's body matched Richardson's teeth. Harrington suggests that Richardson's conviction is evidence of a failing justice system. He writes:
We still have gaping holes in our structure that we euphemistically refer to as "cracks" where citizens fall through and have their lives and the lives of their loved ones destroyed. Very few people are arguing for change in our judicial process or the need for more compiling evidence before sentencing. We need to reevaluate the entire system before we send even one more person to prison with the question of undeniable guilt still unanswered. We as a society have executed the innocent, falsely imprisoned the righteous and damned the unworthy, without so much as a cry for a more precise system. Are we so in fear of our population that we would rather send an innocent man to prison than take the time necessary to develop a system that never uses questionable eyewitness testimony or less than exact scientific techniques? If one person rots in prison unjustly our system has failed. If a thousand people rot in prison unjustly our society has failed.
Read the full article.
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You be the federal sentencing judge: months, years or decades in prison for notable Medicaid fraudsters?
White-collar crimes, especially when there are few if any individual victims, oft raise especially tough and dynamic issues concerning how to weigh and balance offense- and offender-related sentencing consideration. These realities seem especially true in an interesting federal health care...
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Alabama LI Secrecy Legislation Moves to Senate
"Death penalty secrecy bill nears passage; state has yet to release info on drug sources" is Tim Lockette's report in the Anniston Star. A bill that would make information about Alabama's death penalty process, including the names of manufacturers of...
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Tell the United Nations: Protect #MyBodyMyRights!
The world can't wait any longer for global leaders to affirm that these rights are real, and inalienable.
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Justin Bieber’s Florida DUI Trial Set for May
Justin Bieber Goes to Trial for Florida DUI in May On Tuesday, March 11th, a trial date for Justin Bieber’s Florida DUI charge was set for May 5th. Bieber was formally charged with driving under the influence of drugs, resisting arrest, and possessing an invalid driver’s license. No plea deal has been offered to the young Canadian […]
The post Justin Bieber’s Florida DUI Trial Set for May appeared first on South Carolina DUI Defense Lawyers | Strom Law Firm, L.L.C..
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North Carolina LI News
The North Carolina Court of Appeals ruling in Robinson v. Shanahan is available in Adobe .pdf format. "NC appeals court says hearing needed to establish who decides death penalty drugs, procedure," is the AP report filed by Emery P. Dalesio,...
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St. Johns County teen charged with felony in October crash that severely injured his friend
A 17-year-old St. Johns County teen was charged this month in the crash that critically injured his friend and teammate. Charges were filed five months after the near-fatal crash, according to a report on News4Jax. The teen driving was charged with participating in an unlawful race and with reckless driving causing serious injury, the television station reported. The racing charge is a misdemeanor, but the reckless driving count is a third-degree felony with a maximum penalty of five years in state prison. Neither police nor prosecutors have said whether they plan to charge the teen as an adult or as a juvenile.
The crash occurred when the driver lost control of his pickup truck while racing another vehicle, the television station reported. Police said the driver admitted at the scene he was racing and driving faster than 90 mph, the television station reported. A passenger was thrown from the vehicle and suffered severe head trauma in the crash. One complicating factor in the charges is the victim's father saying he was disappointed in the arrest and that the driver and his son are close friends, the television station reported. That adds a layer of difficulty for the state. What could be happening is that prosecutors may know they will be offering probation or another seemingly minor penalty in the case, but felt some charges were necessary because of the admission from the driver at the scene and the severity of the injuries in this St. Johns County Traffic Case.
Ordinarily, careless driving in a St. Johns County Traffic Case is nothing more than a traffic citation that could result in a fine and points on a person's driver's license. But when someone is seriously injured, the case then carries criminal penalties. These St. Johns County Criminal Traffic Cases can be difficult for both sides because, clearly, there was not a criminal intent for the teen to hurt his friend. Cases like these are inherently different from those in which there's a fight or a shooting or some sort of active decision made to intentionally harm someone. That's not the case here, in this St. Johns County Juvenile Case. These are teens making a mistake that ended up having serious consequences, and even the victim's family appears to be against criminal charges. There's no indication that alcohol was a factor in this crash, which will likely be a significant factor in the possibility of a more lenient sentence if the driver is convicted or pleads guilty to the charges.
Our St. Johns County Traffic Attorney knows that many people who find themselves charged in serious traffic charges do not have a lengthy criminal history, nor are they familiar with the system. Our St. Johns County Juvenile Crimes Attorney can explain the charges, the potential penalties and the process to help resolve the case in the best manner possible.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Juvenile Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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PINELLAS SHERIFF FINALLY CHANGES RULES FOR HIGH SPEED CAR CHASES AFTER MULTIPLE CAR CRASHES
Police car chases should commence only when the risk of harm from the chase is less than the threat of harm from the underlying alleged crime. Common sense has finally prevailed upon the Pinellas County Sheriff's Office to abandon it's outdated dangerous vehicle pursuit policies by permitting police chases only when the chases are being used to prevent imminent violent criminal conduct.Dep. Fife In Hot PersuitThe new policy allows deputies to pursue vehicles if and only if the following criteria is met:1. The suspect must have committed a forcible felony.2. The forcible felony must be categorized as one that actually endangers the public such as an armed robbery, sexual battery, attempted murder or murder.3. There must be imminent or continuous threat to the public.Part of the problem with the old rules was that even an infraction such as running a red light could trigger a very dangerous high speed chase if an officer believed that the there was any danger to the public. This led to highly threatening situations caused by the police chase itself. And while citizen's lives were risked from mere traffic infractions that resulted in car pursuits, many officers were not even giving traffic tickets to officers who violated traffic laws.Parsing thru the new rules, the goal is to forbid officers from engaging in high speed chases unless there's an immediate and very real threat to the public. Following this criteria brings some interesting changes to actual police conduct. Bad driving alone will no longer be sufficient cause to give chase unless the driving itself of great public danger. Also, there will be no high speed vehicle pursuits for nonviolent crimes such as grand theft or stealing an officer's hat under the new rules. If these rules are followed in Tampa Bay the number of active police pursuits should decline. But so far other police agencies have not made effective changes to their agency's police policies. For example, the St. Petersburg Police Department pursuit policies have endangered lives even when the underlying felony is not violent. All of the Tampa Bay agencies should adjust their pursuit policies so that only suspects who are believed to have committed violent acts are pursued in high speed chases. For leading by example the Pinellas County Sheriff should be commended.
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HAPPENING NOW: Mozambique Debating Rape-Marriage Legislation
Imagine if you reported a rape, only to discover the law is on the side of your rapist.
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Despite legislative abolition, Connecticut jury imposes death sentence on triple murderer
This local article from Connecticut reports on the outcome of the last capital case that was still in the works when the state abolished, prospectively only, the punishment of death. The article is headlined "Roszkowski gets death row for triple...
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I Was Assaulted By Bill Clinton at a “Grip and Grin”
Years ago I tagged along with my wife to a fundraiser at which Bill Clinton was going to be available for a “grip and grin” photograph. Prior to going to the event, I had read that the Clintons, having endured thousands of receiving lines and photo opportunities, had developed a strategy for dealing with “clingers.” […]
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Ineptitude, Abuse Rampant In Two Recent Nursing Home Cases
Two incidents, one in Minnesota and the other in Maryland, illuminate what can happen if nursing home employees are neglectful or abusive. The first incident occurred at a nursing home in Rogers, Minnesota. According to the complaint, an elderly individual who was not permitted to go outside without an attendant was left outside for nearly […]
The post Ineptitude, Abuse Rampant In Two Recent Nursing Home Cases appeared first on Paul Edlund.
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Wrongful Convictions are a Family Tragedy
by Audrey LevitinDirector of Development and External Affairs Each exoneration brings to light a terrible injustice, an obvious tragedy and ordeal for the wrongfully convicted. Less recognized is the tremendous suffering of family members. James and Mattie Harden's lives were destroyed when their children, James and Jonathan, were wrongfully arrested, prosecuted and convicted in 1991 for the murder of a 14-year-old girl, Catteresa Matthews, in their community of Dixmoor, Illinois. The police had no suspects for 10 months until someone reported seeing the victim get into a car with Robert Lee Veal, a teenager in the community. After spending five hours in police custody without his parents or an attorney present, Robert falsely confessed. He was 15 years old. He implicated four other youngsters, including James and Jonathan, who were 16 and 14 years old, respectively. James and Jonathan did not confess. They were home from school with their father when the murder occurred. A construction worker, their father was unable to work the day of the crime due to bad weather. James Harden, Sr., testified at the trials of both his children. Despite the alibi, James and Jonathan were each sentenced to more than 80 years in prison. Jonathan was eventually represented by the Innocence Project and generously shared with us family memories. Before the wrongful convictions, the Harden family was a happy one. Jonathan said, "They were stand-up parents and did everything they could for their children. I loved them dearly." Mattie Harden was a registered nurse. Mr. Harden worked six days a week. They owned their home and lived in a community where they believed their children would receive a good education. They were a religious family. Jonathan recalls praying every evening at dinner. He loved basketball and wanted to be a construction worker like his dad. Both parents had large extended families. His mother had five siblings and his dad had 12. Jonathan fondly remembers car trips to family reunions. The wrongful arrests, prosecutions and convictions of her children shattered Mattie Harden. Shortly after James and Jonathan were arrested in 1992, she suffered an emotional breakdown followed by a stroke. She passed away, shortly after her sons were convicted in 1997. Mattie Harden was in her 30s when she died. James Harden, Sr., pressed on. He visited his sons in prison which was eight hours from his home. He tried to reinvestigate the case, going door to door in the neighborhood to try to find out what happened. When working in affluent areas, he would carry the transcripts of the trial at the outside chance he might meet an attorney who could help. When such encounters occurred, he was told there was nothing that could be done. Jonathan and James' family never gave up and eventually they found representation. Jonathan was represented by the Innocence Project and James by the University of Chicago Law School Exoneration Project. In August 2009, DNA testing was requested. For more than a year, the Dixmoor Police Department claimed it was unable to locate the evidence. The department was threatened with contempt of court for failing to respond to a subpoena. The evidence was eventually found, and DNA testing eventually cleared all the defendants. Although there had been DNA testing before the trial that excluded all five of the young men, the DNA profile from the new testing was able to be put into the CODIS DNA databank and matched to Willie Randolph. Randolph was 33 years old at the time of the murder and lived in the victim's neighborhood. He was on parole after serving a 20-year sentence for armed robbery. He was apprehended by authorities in April, 2011 and falsely denied having sex with the victim. Attorneys for the young men who were wrongly convicted located another woman who says she was also raped by Randolph at the same exact location. James Harden, Sr., passed away in 2011, a month before DNA cleared his sons. Their story was told on "60 Minutes" in a feature on Chicago's high rate of wrongful convictions due to the false confessions of teenagers. Jonathan told me in his forgiving, understated way, "The system needs oversight and leadership. No one knows the effects it has until you go through it." Today Jonathan is doing well. He works for a solar company and has a daughter, Mattie Mae, named after his mother. He is engaged to be married. He is remarkably optimistic and charming. I asked Jonathan how he copes with his loss. He says that his parents live on through his daughter and that he sees them when he looks at her. James and Mattie Harden set out to raise strong children. It is a tragedy that they did not live to see the genuinely courageous men their sons became. Instead they lived through a parent's worst nightmare, brought on by a system that is supposed to provide public safety, one that is supposed to protect our children from harm.
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Oklahoma Update - DoC Document Release, Executions Postponed
The Oklahoma Department of Corrections documents obtained by the Colorado Independent are available at DocStoc. "Oklahoma scrambles to find lethal injections for two imminent executions," is Katie Fretland's report for the Independent. Here's the beginning of this must-read: A national...
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The defendant moves for an order of dismissal ...cont
Since the evidence was insufficient as a matter of law to support the finding that the defendant knew that he possessed more than 500 milligrams of cocaine, the judgment would be modified to the extent of reducing the conviction...
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Holder Endorses Proposal to Reduce Drug Sentences in Latest Sign of Shift
By MATT APUZZOMARCH Attorney General Eric H. Holder Jr. is endorsing a proposal that would reduce prison sentences for people convicted of dealing drugs, the latest sign of the Obama administration's retrenchment in the so-called war on drugs. In January,...
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