As reported in this lengthy local article from New Orleans, some felons in the Bayou have gotten (for now) some benefit from the modern gun rights movement. Here are the basics: An Orleans Parish judge on Thursday ruled that the...
Based on new Louisiana constitutional provision, state judge strikes down law criminalizing felon gun posssission
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What Is Banking Bribery?
United States law makes bank bribery illegal and subject to criminal penalty. Specifically U.S. statute states that: (a) Whoever– (1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or [...]
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What Activities Can Get Me Charged With Bank Fraud In NYC?
To many people, the phrase “bank fraud” means backhanded financial scheming in the upper echelons of bank management, involving millions of dollars. However, according to U.S. law, bank fraud may be charged whenever fraudulent conduct occurs that affects property that is owned or controlled by a bank at the time of the fraud. This broad [...]
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Friday Afternoon Open Thread
If March Madness is not your thing, tonight at 10 Eastern, you may want to take a look in at a crucial World Cup game for the US mens team against Costa Rica. The team is reportedly in turmoil. But...
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Outrage over lack of jail time for Illinois man with DUI and speeding 142 MPH is misplaced
An Illinois motorist was arrested for DUI in suburban Chicago. Nothing unusual about that but much of the media is in high dudgeon because there is evidence he was traveling 142 MPH.
The defendant lost control of the 2008 Dodge Charger he was operating, struck a curb and flipped and rolled the car. Police came to the scene, and after observing the motorist, suspected he might have been driving under the influence.
He performed standardized field sobriety tests (SFST) which he failed. First among the tests that he was administered was the Horizontal Gaze Nystagmus (HGN).
Based upon what can only loosely be called "science", an officer waves a pencil or other small object across the driver's face. Based upon the officer's subjective observations of how the accused's eyes "track" the movement of the object, the officer "scores" the results and decides whether the driver "passed".
Even if the officer performs every single step of the multi-step process perfectly correctly and even if he is 100% accurate in interpreting the results, the test is less than 70% accurate in estimating if the test subject's BAC is above the legal driving limit of .08. Any mistakes in the administration or interpretation of the test can only serve to reduce its accuracy.
And nobody other than the officer has an opportunity to view his observations and interpretations. The judge and jury only see a video in which a policeman is moving a pencil in front of someone's eyes. Yet this test is the first step in what will no doubt culminate in a DUI arrest.
The second SFST is the walk-and-turn, commonly referred to as "walking a straight line". But under testing protocol, the straight line is imaginary. Under testing protocol, the slightest deviation from the very strict protocol is scored against you. For instance, if instead of marching on your right foot as you turn around, you pivot, as any normal person would, it is marked against you.
The only person injured in this accident was the fool driver. It was his first offense, which rendered him eligible for court supervision. The judge cannot order jail time if he decides that supervision is an appropriate disposition. While the BAC and the speed were high, this outcome is defensible.
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What Happens If I Lie On A Bank Loan Application?
If you want to get a bank loan, whether a business loan or a residential mortgage, the bank will require you to provide certain information as to your financial status. Banks do not want to make loans if they are not sure the borrower can keep up with payments. Some kinds of loans not only [...]
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A moving memorial to Colorado prison chief Tom Clements from the Vera Institute of Justice
As reported in this new article, headlined "Colorado Parolee Killed in Texas Chase Likely Guilty of Slaying Prisons Chief," it looks like the person responsible for the murder of head of the Colorado prison system earlier this week may have...
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Orange County, Los Angeles DUI Checkpoints for March 22, 2013 and March 23, 2013
Newport Beach, Orange County - Between you go out this weekend keep a heads up for at least three DUI checkpoints in Southern California. According to the latest information here is where this weekend's DUI checkpoints are planned: Orange County:...
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Inextricably Intertwined Evidence
Prosecutor's often use something called "inextricably intertwined" evidence. For example, if someone charged with the crime of rape steals jewelry from his victim after raping her, evidence of that theft is often presented to a jury even though the person on trial has not been formally charged with theft.
This often-used practice of prosecutors has gone largely unchallenged for as long as anyone can remember. But recently some courts have started to question whether prosecutors should be allowed to present inextricably intertwined evidence to juries.
For example, in the case of the United States versus Jamarkus Gorman, the court stated:
"We have recently cast doubt on the continuing viability of the inextricable intertwinement doctrine, finding that because almost all evidence admitted under this doctrine is also admissible under Rule 404(b), there is often no need to spread the fog of inextricably intertwined over it. We again reiterate our doubts about the usefulness of the inextricable intertwinement doctrine, and again emphasize that direct evidence need not be admitted under this doctrine. If evidence is not direct evidence of the crime itself, it is usually propensity evidence simply disguised as inextricable intertwinement evidence, and is therefore improper, at least if not admitted under the constraints of Rule 404(b)."
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"What I Did For Love": The Serial Stalking of Ivanka Trump
His thin excuse? "I did it for love". Though the phrase is billed in thousands of songs, romance novels and movies the world over as THE magical formula for winning her heart, as we shall see--in reality, it is typically nothing more than a bad case of wishful thinking--especially when there is a court-issued no-stalking order standing between you and your dearly beloved.
Case in point: Ivanka Trump, hard boiled but gorgeous business executive and daughter of multi-billionaire Donald Trump versus lovesick, veteran stalker John Eugene Enabnit, average Joe. And as Mr. Enabnit swiftly learned within moments of attempting to approach Ms. Trump at a Doral Resort PGA golf tournament, butting heads with an old-school, curmudgeon of a New York trial court judge and a connected, powerful multi-billionaire daddy's-girl is hardly a fair fight. Lesson learned? Considering that Mr. Enabnit was on notice of all of those facts in advance - we doubt it.
We doubt it because having handled scores of Southfield criminal stalking cases we know that the line between love and obsession can be thin, indeed. And our criminal defense attorneys have learned that, once that line is crossed, few measures short of a jail sentence or a commitment to a mental hospital will serve as a deterrent.
In fact, Enabnit was a frequent flyer, in that he had previously harassed Ms. Trump at a marketing event in New York City. That incident earned him his first court issued restraining order, barring him from approaching the lady. Intervening Florida police and detectives were somewhat flummoxed, therefore, when Enabnit freely admitted that he was attempting to contact his quarry at the Doral, Florida event.
Turning to the Michigan perspective on this crime, the law protects the 'objects of desire' (a/k/a victims) in several ways. First, Michigan's anti-pursuit law prohibits both harassment and stalking. The law defines 'harassment' as non-consensual conduct or contact that would cause a reasonable person to suffer emotional distress. The test is whether most people would be upset by the conduct.
Stalking includes both on-line and off-line, unwanted, offensive pursuit, such as: (i) Following or appearing within the sight of the stalker's target; (ii) Approaching or confronting that individual in a public place or on private property; (iii) Appearing at the individual's workplace or residence; (iv) Entering onto or remaining on property owned, leased, or occupied by the individual; (v) Contacting the individual by telephone; (vi) Sending mail or electronic communications to the individual, and/or; (vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by the individual.
Southfield criminal attorneys commonly focus on the emotional distress element of the offense in defending a person charged with this crime, primarily because such assertions are so debatable. Where the claim of emotional distress is based solely on the victim's bare assertion and lacks any supportive, third-party expert testimony, the claim can be difficult to prove, especially if the victim admits that she harbors intense anger toward the alleged stalker. That is because, under current Michigan legal authority, witness hostility may be considered as witness incredibility, in that it may suggest that there is an axe to grind.
Moreover, prior such convictions up the ante, and can land the convicted stalker in prison for up to 5 years.
All of which should leave us wondering: Was it really love? Or was it just obsession? Well, here are some helpful hints that we've compiled over the years that you might want to run through before surprising your beloved at her place of work, home or PGA golf tournament. If you've never met her in person or even conversed with her, and you're just an average Joe, and you're under a restraining order barring contact, and she's a gorgeous, young multi-billionaire, there's a pretty good chance that it's not love, Joe. Let it go.
The Miami Herald Nespaper 03/22/13 - Man accused of harassing Donald Trump's
daughter arrested in Doral
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Jennifer McKinney Can Pay Her Creditors
Jennifer McKinney – - former mommy blogger nicknamed MckMama – - has good news for the many creditors that she owes hundreds of thousands of dollars…. SHE CAN PAY THEM! This month’s issue of Xyngular’s Momentum magazine featured Jennifer Howe Sauls McKinney on the cover. Publications like this are purely recruiting tools. While 99% of [...]
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ISP Investigating Crash South of American Falls
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: 03/22/13 at 6:49 p.m.
Please direct questions to the District Office
Idaho State Police is currently investigating a crash on State Highway 37, south of American Falls. A full media release will be issued when the information becomes available.
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The Police are Now Involved in Social Media
Las Vegas Police Department joins the World of Social Media The Las Vegas police department has joined the world of social media. The department now has its own You Tube channel, Facebook page, and Twitter feed. Although residents are encouraged to “like” or “retweet” posts from the department, the best way to keep up with
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Injury Crash WB US12@17.5
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # L13-235
--------------------- PRESS RELEASE -----------------------------
DATE: 3/22/13 TIME: 12:17 pm LOCATION: WB US12@17.5
ASSISTING AGENCIES: Lewiston Fire Dept / Life Flight / ITD
VEHICLE #1
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DRIVER Irby,Zachary S AGE 22
ADDRESS Orofino,ID
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN ? St. Josephs
VEHICLE YEAR 1997 VEHICLE MAKE Pontiac VEHICLE MODEL Grand Am
WRECKER Forest Wrecking
SEATBELTS/HELMET WORN? No
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VEHICLE #2
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DRIVER Smith,Dennis J AGE 51
ADDRESS Orofino,ID
INJURIES? - NO
HOSPITAL/LOCATION TAKEN N/A
VEHICLE YEAR 2011 VEHICLE MAKE Kenworth VEHICLE MODEL Tractor/Trailer
WRECKER N/A
SEATBELTS/HELMET WORN? yes
INCIDENT NARRATIVE: Irby was traveling eastbound on US12 when he crossed the center line into the westbound lanes where he struck the tractor trailer combination driven by Smith. Investigation is ongoing.
DSP INITIALS DRO
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Indiana Man Receives 5-Year Prison Sentence For Role in $9 Million Ponzi Scheme
An Indiana man was sentenced to serve over five years in federal prison for his role in a Ponzi scheme that duped victims out of nearly $9 million. Jerry Smith, 50, was sentenced to serve 65 months in federal prison after previously pleading guilty to one count of conspiracy to commit mail and wire fraud, one count of obstruction of justice, and one count of income tax evasion. The sentence comes after Smith's co-conspirator, Jason Snelling, was sentenced in late-2012 to a nearly-11 year prison term.
Snelling and Smith operated Dunhill Investment Advisers ("Dunhill") and CityFund Advisory ("CityFund") in downtown Cincinnati, where they guaranteed high rates of returns to clients under the guise that the firms were successfully engaging in day-trading. Investors were promised annual rates of return ranging from ten to fifteen percent, with some investors receiving promises of even higher rates. Investors were assured that their position would be liquidated to cash at the end of each trading day. In total, the scheme raised nearly $9 million from seventy-two investors.
However, the purported day-trading operation was nothing more than a Ponzi scheme in which Snelling and Smith misappropriated investor funds for a variety of unauthorized purposes. This included making so-called interest payments to investors and supporting a lavish lifestyle that included the purchase of boats, jet skis, plastic surgery, and private school tuition.
After authorities began looking into Dunhill and CityFund, Smith admitted to fabricating trading statements in an attempt to thwart the investigation. Smith was also accused of tax evasion for failing to declare the stolen investor funds as income.
Along with his sentence, Smith was ordered to pay $5.4 million in restitution to victims, as well as over $72,000 in restitution to the IRS.
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Patrick James Boor of Lake Worth, Florida Arrested for Aggravated Assault with a Weapon
Patrick James Boor of Lake Worth, Florida was arrested Saturday after he allegedly aimed an assault rifle at his girlfriend following an argument, news sources report. The 19-year-old victim was not hurt, but Boor was still booked into the Palm Beach County Jail on charges of drug possession and aggravated assault with a weapon. A judge ordered he be held on $116,000 bail. It is not yet known whether Boor has obtained an attorney.
According to reports, Boor and the victim were in a relationship and shared a home together for the last three years. The home belongs to Boor and is located on K Street in Lake Worth, sources report. The alleged incident began Saturday evening, when Boor called the victim to ask where she was. During that call, Boor and the victim started to argue, reports say.
The victim arrived home shortly later, greeted Boor, and asked how he was doing. Boor responded by asking why she wanted to know, sources say. The victim moved to her bedroom and Boor followed, pulling out a Norinco SKS assault rifle. The victim moved to the home's main room and Boor followed, telling her, "You need to show me respect. Otherwise I will empty the clip at you." Boor reportedly continued to threaten victim and she left the home; however, as she was leaving, Boor allegedly grabbed her necklace from her neck, causing it to break.
Reports say the victim walked to a nearby Checkers parking lot on South Dixie Highway. Boor allegedly sat the gun down in the home and followed her. The couple's argument continued in the parking lot and someone called police. Deputies arrived and found Boor and the victim in the parking lot. During questioning, police reportedly found a laceration on the victim's right arm. A deputy handcuffed Boor and asked to search his home. Boor consented and allegedly told the deputy, "I just have a little bit of weed in there for personal use."
Officers searched Boor's home and found the rifle, multiple bags of marijuana, Xanax pills, and an unspecified amount of cocaine. An officer noted in his report that, "The size of the [marijuana] bags was not consistent with personal use."
In other news, James Dunlap and Megan Johnson were arrested Sunday after their baby ate a marijuana mesh filter, reports say. The child nearly died as a result and sustained throat injuries. Dunlap, 24, and Johnson, 24, were booked into the Manatee County Jail on charges of child neglect with great bodily harm. They are being held without bail. It is unclear whether they hired legal representation.
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Use of social media in Massachusetts witness intimidation, sex for a fee, and other criminal prosecutions
Recent high-profile cases have sparked conversation about the role of social media, such as Twitter, YouTube, Instagram and Facebook, in criminal prosecutions. In many ways, criminal defendants can become their own accusers by documenting criminal conduct on these outlets. As noted in the previous blog post, here in Massachusetts, screenshots from social websites are increasingly being used, often in prosecutions involving charges of sex for a fee, criminal harassment, witness intimidation, threats, restraining order violations, and more.
Social media present unique opportunities for false claims of authorship, and one issue that may arise when the government attempts to use this type of evidence involves authentication. In other words, these screen shots can involve questions of whether there is enough evidence to believe that the item is what the government claims it to be. Under Massachusetts and federal rules of evidence, the trial judge is to consider "[a]ppearance, contents, substance, internal patterns, or other distinctive characteristics." The highest court in Massachusetts has decided that evidence that a defendant's name is written as the author of a social network message alone is not enough to authenticate the communication as having been authored or sent by the defendant and that there must be some "confirming circumstances."
In Commonwealth v. Williams, a 2010 Supreme Judicial Court case, the court ruled that MySpace messages should not have been admitted where there was no testimony relative to the security of the website, persons who could access the MySpace page, or whether codes or passwords were needed for such access. A defendant's actions might authenticate electronic communications. For example, in Commonwealth v. Amaral, a 2011 Appeals Court case, an undercover police officer holding himself out as a 15-year-old prostitute had been communicating electronically with the defendant, who was ultimately charged with and convicted of attempted rape of a child and soliciting a prostitute . There, the court ruled that the defendant's presence at an agreed upon meeting spot at an agreed upon time confirmed that he was the author of the communications. The court acknowledged, however, that in modern times, it is easy to set up false accounts using another person's name and image.
Another issue that might come up in cases involving social media is whether the communication was intentionally or voluntarily sent. Sometimes, websites like Facebook or Twitter send out automated requests or notifications . It's also not uncommon for users of social media to get viruses that send out, without the user's knowledge, messages to their connections.
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E.D.Va.: Texting while driving justifies stop for inattentive driving
Texting while driving justified defendant’s stop for inattentive driving on an Army base, and he was found intoxicated. An inventory of the vehicle produced drug paraphernalia. The stop was valid. United States v. Wingle, 2013 U.S. Dist. LEXIS 38862 (E.D. Va. March 20, 2013).*
The frisk of defendant was justified by the officer seeing the outline of a gun in his waistband after a hand-to-hand drug deal. United States v. Blackburn, 2013 U.S. Dist. LEXIS 39626 (W.D. Mo. March 6, 2013).*
Defendant was convicted of robbery. He had no standing in a gym bag left at a friend’s house obtained by search warrant because he never claimed ownership, either in the motion to suppress, by testifying, or to the police when arrested. Jones v. State, 2013 Ga. App. LEXIS 260 (March 22, 2013).*
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Gun Charge Brought After Curious Search Circumstances
Gun charges were brought in the Roxbury Division of the Boston Municipal Court on Monday as a result of a State Trooper's search of a Cape Cod man's car. According to the Cape Cod Times the trooper stopped Roosevelt Wilkins of South Yarmouth for civil motor vehicle infractions on Tremont Street Saturday morning. When the trooper asked Mr. Wilkins for his license he allegedly said that it was in a bag in the trunk. I say "allegedly" because this is the exact location where the police found a .38 caliber revolver loaded with hollow point bullets.
As the trooper searched the trunk, Wilkins ran away only to be apprehended by nearby Boston Police officers. By running, Wilkins may have eliminated a possible line of defense -- that he did not know that the weapon was in the trunk. After all, flight may be used at trial to show what is called "consciousness of guilt." However, if the gun was actually in a bag that also contained his driver's license, he did not have this defense anyway.
So the case may come down to a motion to suppress the results of the search. I would bet that Mr. Wilkins will claim that he did not direct the trooper to the bag. Such a claim would make sense. If Wilkins had a valid driver's license, but it was not in his possession, he could have just said so and as a result simply received an additional civil charge. Why in the world would he tell the trooper that his license was in a bag where he was keeping a gun? Moreover, why would Wilkins point the trooper in the direction of the trunk at all?
Wilkins should challenge the search with a motion to suppress. He is entitled to a hearing where his attorney may cross examine police witnesses. He may also testify on his own behalf. If he is able to convince one of the excellent judges of the Roxbury Division that he did not consent to the trooper's search of the bag, the case could very well be dismissed. If not, he is looking at a mandatory minimum jail term.
The stakes are high, hence Wilkins is in need of an experienced criminal defense attorney to help him out of this jam. The most important step will be the motion to suppress.
A few other details.
First, the article quotes the police as having said that Roosevelt "lacked the permit to possess that kind of ammunition." I believe that someone misquoted the police, because they know that there is no special permit required to possess hollow points. A license to carry a firearm would cover that.
Second, the article quotes the Roxbury Division's clerk as saying that Wilkins was charged with unlicensed carrying of a firearm, unlicensed possession of ammunition, and a "third firearm charge." It is a safe bet that the third charge is "carrying a loaded firearm." This charge -- Chapter 269, section 10(n) requires an additional sentence beyond that required for carrying the gun itself.
Lastly, the article says that Wilkins received pre-trial probation for assault and battery in 2004. To some readers, this looks bad for Wilkins. But, it actually means that Wilkins does not have much of a record at all. That charge was a misdemeanor, it is over 8 years old, and he was not even convicted.
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Happenings in Court
A few weeks back I was in Seattle Municipal Court representing a client on a DUI case. SMC is a pretty unique Court with regards to some of the procedures. Specifically when it comes to checking in with a Prosecutor prior to your hearing. Now don't get me wrong most of the cases I take are in Seattle Municipal Court by choice. I like appearing there. It is close to my office. I know many
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