On Tuesday, Philadelphia's District Attorney, Seth Williams, announced the creation of the city's Conviction Review Unit. The unit, which will investigate claims of innocence in homicide convictions, will be under the leadership of veteran prosecutor Mark Gilson. The Philadelphia Daily News reported that Gilson, who has spent 27 years with the city's District Attorney's Office, will work closely with prosecutors assigned to the existing Post Conviction Relief Unit, which currently handles about 500 cases a year. Philadelphia joins a number of states that have established similar groups authorized to review cases with claims of innocence, identify the causes of wrongful convictions and recommend remedial steps to avoid their recurrence. Among the most celebrated and accomplished is the Dallas County District Attorney's unit, created in 2007, which has helped uncover injustice in a number of cases. Marissa Bluestine, legal director of the Pennsylvania Innocence Project, applauded the formation of the new unit."We are looking forward to working with Mr. Gilson and his staff to give full evaluation to those cases where there is a colorable claim of actual innocence," said Bluestine. Her organization, which is based in Philadelphia, has petitioned city prosecutors to reopen 10 cases in the last three years. The Innocence Project believes that it is critical that these units include defense attorneys in the process in order to guarantee a meaningful review of the cases. Read the full article.
Philadelphia District Attorney Announces Conviction Review Unit
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Sexual Battery Charges Against Suspect in BYU Gropings
A Utah man has had two sexual battery charges filed against him in the case involving suspected gropings of female students on the BYU campus. Just Out for a Jog? Police think the man, Nathan Eric Fletcher, would dress in athletic wear and touch women’s breasts or buttocks as he jogged past the women. Police […]
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DUI Criminal Defense and Jury Trials- Why I Enjoy it
I recently posted on the initial steps after getting a DUI and the decision to hire a DUI attorney. The decision to go to jury trial and which attorney to hire should go hand in hand. Some attorneys never go to trial. Things happen in cases where a previously poor case for trial may evolve into a viable one. For instance, in one case where a young client crashed into two cars at 7:15am in the morning, and was found to be over .25% BAC, the officer made multiple mistakes in both PAS and breath test administrations. The BAC was, evidentiary speaking, null and void. We suddenly went from a plea bargain case, to a potential jury trial case
As the decision to go to jury trial and hiring an attorney is intricately linked, I will discuss why I do this work. Primarily, I enjoy it. I enjoy the human aspect of criminal law. There are people that I work with, and people that are affected by the outcomes of my work. This is opposed to working in Civil Advisory for the City of San Diego. The contracts were sometimes 30-40 pages long and worth millions of dollars. But the outcomes may be for a study by a consulting firm, or a delayed project that was over budget and never get developed. Many aspects of the job was rewarding- like seeing a park or bridge constructed that I helped facilitate. But it didn't have the same one on one relationship as criminal law.
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Authorities Charge Rothstein CFO With Conspiracy
Federal authorities continued their quest to prosecute those connected to the massive $1.2 billion Ponzi scheme perpetrated by Scott Rothstein, with Rothstein's former CFO becoming the 18th person to face charges to date. Irene Shannon, f/k/a Irene Stay, was charged with a single count of conspiracy to commit money laundering and bank fraud. The charge carries a maximum prison term of five years as well as up to a $250,000 fine. Shannon was charged in a criminal information, which suggests that a plea agreement is likely.
According to authorities, Shannon was Rothstein's "trusted agent," carrying out Rothstein's directions to shuffle hundreds of millions of dollars between investors, sustain the law firm's operations, and keep the scheme afloat. This even included collaborating with Rothstein to determine the fictitious returns that investors thought were derived from lucrative purported legal settlements that, in reality, did not exist.
Shannon's name has come up frequently since Rothstein's sentencing, including testimony from former chief operating officer Debra Villegas that Shannon played the most important role in the scheme. Additionally, Rothstein himself testified at a deposition that Shannon definitely knew what she was doing when he asked her to move around millions of dollars. Of course, Rothstein has made it no secret that he is actively cooperating with prosecutors in an effort to eventually win a reduction in his 50-year prison sentence.
The charges represent the 18th person to be charged in connection with Rothstein's fraud - ranking even above the prosecutions in the Bernard Madoff Ponzi scheme, which to date has resulted in 14 convictions.
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Another bizarre, sad and fatal case of reefer madness?
As reported in this prior post, a Denver coroner report concluded that a young man fell to his death in March after eating marijuana cookies which may have caused him to act erratically. Now, as reported in this local article,...
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Wednesday Night Open Thread
There was a hearing today in the case of Dzhokhar Tsarnaev.
John Edwards is back in the courtroom - practicing law.
El Capo is about to begin. It's really hard to understand without captions. I wish there was an episode review guide...
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Sweet irony: Florida man named "cocaine" arrested on drug charge
Talk about bad karma...Florida native Edward Cocaine was arrested earlier this week on felony drug possession.
Per the Pembroke Pines Police Department report, Mr. Cocaine was stopped for a traffic violation as he had an obscured tag.
The Florida police officer went to speak with the suspect when Cocaine requested a talk outside of the car. This proved to be a bad mistake for him as the officer noticed a Xanax pill (NOT cocaine as one might have guessed) in plain sight, tucked in the vehicle's door pocket.
Under questioning from the police, the defendant further hurt his case by both admitting to not having a prescription as well as admitting to another alprazolam pill, saying he bought them off a man for $5.00.
With that, Mr. Cocaine, whose prior criminal record is unknown, was arrested for possession of a controlled substance, a third-degree felony. This is punishable by up to five years in prison though Edward most likely will have other options available. These options may consist of drug court, probation, pre-trial intervention ("PTI") or a combination of these.
When the ironically named defendant appeared in front of the judge at first appearance, he laughed and released him on his own recognizance ("ROR'ed). This means that he did not have to post bail to be released from jail.
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Memorandum in Support...cont
Inasmuch as the criminal statute is not clear on its face, resort to other means of interpretation is appropriate. The primary purpose in doing so is to ascertain the intention of the legislature in enacting the statute. To that end,...
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The Florida State QB Rape Investigation
The New York Times has a lengthy discussion. In part: The police did not follow the obvious leads that would have quickly identified the suspect as well as witnesses, one of whom videotaped part of the sexual encounter. After the...
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Miami Criminal Defense Lawyer :: Convicted Child Abuser Wanted for Posing as Attorney and Stealing $70,000
Investigators believe that a 44-year-old convicted child abuser on probation until 2026 passed himself off as a lawyer and conned a convict’s family out of $70,000. Police claim the man has now vanished. State agents looked to arrest him this week on charges of grand theft and practicing law without a license. The man is […]
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X was the only defendant to take the stand
X was the only defendant to take the stand. He testified that all the incidents of sexual contact were consensual. According to his testimony, the complainant voluntarily accompanied them to Brooklyn, was affectionate toward him in the car, was...
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News Scan
Tennessee May Revive Electric Chair: The Tennessee House has adopted a bill that will allow use of the electric chair as an alternative execution method if lethal injection drugs are unavailable. Erik Schelzig of the Associated Press reports that the...
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OPERATION LIFESAVER
Press Release For Immediate Release Press Release
Idaho Operation Lifesaver
"Officer On A Train" and "Adopt A Crossing"
On Monday, April 21, 2014, City, County and State Law Enforcement Officers will be conducting an "Officer On A Train" and "Adopt A Crossing" enforcement operation in East Idaho.
The purpose of this enforcement operation is to increase public awareness of the potential dangers that exist at highway railroad intersections and eliminate driver actions that can have tragic consequences, by enforcing the traffic laws that pertain to these intersections. The enforcement program is one of three parts of the Operation Lifesaver effort, which include engineering and education, designed to eliminate car/train collisions.
During the "Officer On the Train" enforcement effort, one officer is placed in the lead locomotive of a train as a spotter. This officer observes driver behavior approaching the highway/rail intersections as the train proceeds down the tracks. Other officers pace the train or are parked at specific locations. When a motorist is observed violating the laws pertaining to the approaching intersection, the officer on the train radios one of the chase cars which will stop the motorist, explain the dangers and issue a citation.
During 2013, there were 19 car/train collisions and 4 pedestrian incidents resulting in 5 people being injured and 8 fatalities.
Since 1990, the "Officer On A Train" program has been instrumental in helping reduce the number of car train collisions in the state. City, County and State law enforcement, State and federal agencies, along with the private business and the railroads that operate in the state sponsor the Idaho Operation Lifesaver program.
Idaho Operation Lifesaver is dedicated to eliminating car train collisions, which result in preventable deaths and injuries. For additional information or to schedule a free presentation, call Idaho Operation Lifesaver @ 208-236-5626.
News Department Information Only
The "Officer On A Train" enforcement operation will be in Bannock, Bingham, and Bonneville Counties.
For Additional information, or to arrange a ride along on the train contact
Lt. Chris Weadick, Idaho State Police 208-525-7377
Sgt. Jeff Edwards, Bonneville Police 208-529-1299
Kim Davids, Idaho Operation Lifesaver 208-236-5626
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Prosecutors say not enough evidence to charge off-duty Jacksonville police officer in parking space argument
A Jacksonville man said an off-duty police officer pulled a gun on him during an argument about a parking spot, but prosecutors said there was not enough evidence to charge the officer with a crime. The dispute began when a 20-year-old man got out of a car to stand in a parking spot and hold it for his pregnant fiancé and her family on a busy Sunday afternoon, according to a report in the Florida Times-Union. Another car, driven by an off-duty police officer, backed into the space and into the man, who then slammed on the trunk of the car, the newspaper reported.
The two men exchanged words, and the alleged victim said the officer pulled out a gun, causing the man to back off, the newspaper reported. The officer said he did not pull a gun, but that the gun was on his backpack and he put it inside the backpack before walking out of the car, the newspaper reported. The officer also said he saw a man walk out of the parking space before he backed in and did not hit the man with his vehicle.
In Jacksonville Gun Crimes cases like this, it can be very difficult for the state when the only evidence comes from the people involved. There are two specific sides to the story and only these two men know what really happened. The state typically likes to have other evidence before it files a case - some sort of independent witness or, even more preferable, surveillance video from a nearby store or something where it can be shown and jurors can see for themselves what occurred. This is a common problem in Jacksonville Sex Crimes Cases, which has serious penalties, as gun crimes do.
For example, if the officer was going to be charged in this Jacksonville Gun Crimes Case, it would likely be for aggravated assault with a firearm. The charge is a felony and, if the state chooses to file the minimum mandatory portion of the charges, has a minimum mandatory sentence of three years in state prison. Even though many would jump to the conclusion that the state is protecting a police officer by not filing this case, prosecutors should be very careful when filing these serious Jacksonville Gun Crimes charges. There are two sides to every story, and there needs to be more than just the words of one person before filing charges that could significantly alter someone's life - especially when the crime was a threat and no one was injured.
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 Jacksonville Gun Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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US v. Emmett, No. 13-50387 (4-17-14)(Nelson with Paez; dissent by Nguyen). The district court denied defendant's motion for early termination of SR for failing to adequately explain why the court denied the motion. There was no response by probation or the prosecutor. The defendant had argued that he had obeyed the SR terms, his offense was not violent, SR was a waste of resources, and that he was not receiving any benefit. The court stated that he denied it because it was not undue hardship. It was not an abuse of discretion to focus on one factor or to weight that factor. It was an abuse of discretion not to address the issues raised, or have a hearing. More was required. Dissenting, Nguyen would affirm. The motion was short and seemingly copied and the court should have wide latitude. Form is being elevated over substance.
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US v. Odachyan, No. 11-50253 (4-17-14)(Clifton with Dorsey, D.J.; concurrence by Reinhardt). How far does a judge have to go to evidence bias at sentencing? Here, the court approached the line in sentencing when talking about immigrants and future crimes. The defendant here was an Armenian immigrant who pled guilty to health care fraud. At sentencing, the court stated that he was inclined to the high end of the guideline; and that he was amazed at immigrants who come to this country, seeking a better life, and then engaged in crime, and when caught, try to use their terrible past as an excuse or mitigation. The 9th does not find that the statement reflected such a high degree of favoritism or antagonism to call into question fairness. The statement here was in response to the defendant's argument referring to his past as mitigation. At most, it demonstrated frustration with the type of argue. Reinhardt, concurring, writes about the improper nature of the statement, even if it does not rise to the unconstitutional level.
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US v. Christian, No. 12-10202 (4-17-14)(Fisher with Berzon; partial dissent by Alarcon). The 9th vacated two counts of sending threats via email because the district court precluded the defense expert from testifying about diminished capacity. The defendant emailed threats to the chief prosecutor of North Las Vegas after the office could not help the defendant in allegedly retrieving his car. The expert, a psychologist, had examined the defendant for competency. The district court focused on the purpose for preclusion; the court should have examined the substance, which was that the defendant suffered from extensive psychosis and delusions and had difficulty forming intent. A court must look at the medical diagnosis and not opinions. The court should have, at the least, allowed defense counsel to voir dire the expert to get the diagnosis out. The convictions were vacated. The 9th held too that the court did not abuse its discretion in not instructing the jury on diminished capacity absent expert testimony. There was evidence of the defendant being disturbed but the evidence was not sufficient for an instruction to find an abuse of discretion. Alarcon dissented, arguing there was sufficient evidence to require a diminished capacity instruction. Of special note is the extension of a civil trial rule, Estate of Barabin v. AstenJohnson, Inc., 740 F.3d 457 (9th Cir. 2014)(en banc) to criminal matters. In Barabin, the 9th held that erroneous admission of prejudicial expert testimony requires a new trial. Conversely, applying the reasoning to the criminal context, the erroneous preclusion of expert testimony requires a vacation of conviction and a remand for a new trial. Barabinapplies here.
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Rally to Support ‘Central Park 5’
Two days before the 25th anniversary of the Central Park Jogger attack, supporters of the men known as the "Central Park Five," who were wrongly convicted of the crime, will rally in New York City's City Hall Park this afternoon at 4 p.m. to urge Mayor Bill deBlasio to make good on his promise that the men would receive a settlement for the injustice done so many years ago.Antron McCray, Kevin Richardson, Yusef Abdus-Salaam, Raymond Santana, and Korey Wise were wrongfully convicted of raping and assaulting a female jogger in Central Park on April 19, 1989 based on their false and coerced confessions. They were exonerated by DNA evidence -that matched the real perpetrator - on December 19, 2002. It has been more than a decade since the men were proven innocent, but they have yet to be compensated by the state.Read more in Business Insider.
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The New Illinois Concealed Carry Gun Laws
In July 2013, the Illinois state legislature passed the Firearm Concealed Carry Act, which came into effect in early 2014. This law created a system by which the Illinois State Police may issue concealed carry gun permits to individuals who are at least 21 years old; have a valid FOID card; have not been convicted […]
The post The New Illinois Concealed Carry Gun Laws appeared first on Illinois Criminal Law Blog.
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Klein et al. on Federal and State Charging Practices
Susan R. Klein , Michael Gramer , Daniel Graver and Jessica Kindell Winchell (University of Texas School of Law , University of Texas at Austin - School of Law , University of Texas at Austin - School of Law and...
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