It’s been 56 years since South Texas beauty queen Irene Garza was found murdered and floating in an irrigation canal in McAllen, TX. This dark-haired beauty queen was brutally beaten and raped. There were no eye witnesses, and the evidence of fingerprints and blood has been washed away in the canal. Upon investigation, detectives learned that Garza had no known enemies and was deeply religious. Investigating detectives had more questions than answers from the onset. The investigation then focused on events that led up to the discovery of Garza’s body. Her car was found the day after her disappearance and was close to the Sacred Heart Church. In the following days, her purse was found in a nearby field, and one of her shoes was discovered a few miles from the church. Upon speaking with Catholic priest John Feit, then 27- years old, authorities learned that he had heard confession by Garza the night she went missing. Feit become a person of interest when they found…
Ex-Priest Charged in Decades-Old Texan Beauty Queen Slaying
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Former Sheriff’s Deputy in Wisconsin Facing Five Years in Prison for Sexual Assault of Teen Girl
Recently, a 35-year-old Nekoosa former sheriff’s deputy was sentenced to five years in prison for sexually assaulting a 15-year-old girl while he was still employed by the Lincoln County Sheriff’s Dept. as a deputy, according to news reports. The defendant, Zachary Dorr, reportedly brought the victim to a wedding reception where two other deputies were present. Dorr told the deputies, who claimed to have seen Dorr giving the girl alcohol and kissing her, that he attended the wedding with a woman who was 21 years old; the complaint stated the Dorr told the deputies the woman looked like the 15-year-old teen. Police were told by the teen that she did attend the wedding with Dorr. Dorr and the teen met in May at a neighborhood barbecue, where they exchanged phone numbers. They also chatted on Facebook, and while the girl said the two never had sex, she did admit they exchanged photos in which they were nude. Dorr pleaded guilty in December to second-degree sexual…
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Privacy of Your Smart Phone: Police Search and Seizure and Apple’s Fight Against the FBI
There is a huge privacy fight going on this month up in Washington regarding privacy and your smart phone, as the Federal Bureau of Investigation (FBI) wants access to all the data that is setting encrypted on the iPhone taken by the local police in the aftermath of the San Bernardino shootings. Some may argue that this deals only with that criminal case, but they’d be wrong. If the federal government is allowed to force Apple to write code allowing an override of the phone’s encryption so the agents can read the stored phone content, then a precedent has been set that can be used later. Against other people. Other defendants. You. . Apple iPhone and the FBI: Curious Controversy Up in Congress This is a very big deal. Last month, the FBI jumped its first hurdle when it convinced a California federal court judge to rule that Apple should do what’s necessary to access the encrypted data on the San Bernardino’s iPhone. Apple appealed the decision.…
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Proposed Senate bill wants to add omitted offenders to sex offender database
The Arizona Sex Offender Information Registry is a valuable resource for many Arizona residents. The database, maintained by the Department of Public Safety, lists information about individuals required to register as sex offenders pursuant to state law. The information includes basic biographical information, some information about the offender’s criminal conviction, and their most recent known whereabouts. The database does not include information about every registered sex offender. From the DPS website, a disclaimer reads: “WARNING – This site does not contain information on all convicted sex offenders! Information is only provided for sex offenders with risk assessment scores of Level 2 (Intermediate) or Level 3 (High)[.]” Sen. John Kavanagh (R – District 8 (Fountain Hills)), wants to change that, and his proposal is gaining momentum in the Arizona Legislature. The DPS website describes the process through which…
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Headlights Quiz – Missouri Headlights Laws
HEADLIGHTS QUIZ — When am I required to have them on while driving in Missouri? It is 2:30PM now, it is sunny, it is moderately raining, I can see clearly for 400 feet – are headlights required to be on? Sunrise is at 5:30AM, it is 5:10AM now – are headlights required to be on? It is foggy outside, my windshield wipers are not required, I can see clearly for 400 ft – are headlights required to be on? I got a ticket today for failing to have my headlights on when required during rainy weather conditions – will points go on my license if I plead guilty and pay the fine? FOR ANSWERS – SCROLL TO THE END OF THIS POST AFTER MO LAW BELOW. Missouri Statutes: 307.020 (9): “When lighted lamps are required” means at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet…
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Constitutional Originalism – Republican or Democrat idea?
My entire purpose in writing these ditties is to show everyone how real life legal issues are handled by criminal defense lawyers. Sometimes that is as simple as discussing the answer to the number one question I get asked, almost daily: “How Can You Defend Those People?” Other times it is much more esoteric. The last post fell squarely in that latter category, and, as always when the issues presented are complex, it unleashed a torrent of righteous indignation from the more challenged members of the reading public. But this time it also unleashed a torrent of thoughtful, careful and complex discussions about the balance between private rights and Government interests, in the context of strict constructionism. I could not be more pleased about that. My goal was to make people “think things” and boy did they! Lots of things. Some of the most enlightened comments got to the root of Originalism, or Textualism (Scalia’s preferred term, actually), or,…
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Texas Laws on Online Solicitation of a Minor
Online Solicitation Laws in Texas It’s easier than ever to communicate with electronic devices. Emails, text messaging and video chatting are technologies that many people use on a daily basis to stay in touch with friends, family and loved ones. When these technologies are used to carry out an illegal action, criminal charges may be the result. Engaging in sexual conversations with minors using electronic means of communication is a serious felony in Texas. In an attempt to protect children, Texas has created tough laws to prosecute anyone who tries to entice, lure or persuade children to engage in sexual behavior. What Is Online Solicitation of A Minor? Section 33.021 of the Texas Penal Code states that online solicitation of a minor occurs when a person aged 17 or older uses the Internet, email or any electronic means of communication in an attempt to get a person younger than 17 to engage in sexual conversations or activity. This includes any type of explicit sexual…
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The Basics of a Plea Bargain: Pros and Cons
More than 90% of all criminal cases do not make it to jury trial. Instead, they end in plea bargains – sometimes to the benefit, and sometimes to the detriment of criminal defense clients. What is a Plea Bargain? A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or no contest (nolo contendere) in exchange for the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence (which is usually a more lenient sentence). As our court system becomes more crowded, prosecutors and judges alike feel increased pressure to move cases quickly through the system, and trial is a time-consuming and expensive endeavor. As a result, both criminal defense attorneys and prosecutors typically strike up a deal to avoid the headache. Plea bargains may occur any time after the arrest and before the trial. Negotiating plea bargains is a relatively simply strategy…
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What is the ARD Process?
Having a mark on your driving record is nothing to take lightly, even if it is a misdemeanor and not a felony. Any kind of traffic violation, especially a DUI, can have a serious impact on your employment potential, insurance rates, driving privileges, and much more. Fortunately, states such as Pennsylvania rely on the Accelerated Rehabilitative Disposition (ARD) program to give people a second chance. Applying for the ARD Program The first step in the ARD process requires applying for the program. Be aware, however, that your current charge, as well as your criminal and driving history, will be reviewed during this process. This gives the District Attorney an idea of whether or not you are a good fit for the program. Once the information from the application is reviewed, you will need to undergo a drug and alcohol assessment, which may be followed by a more detailed assessment. If it is warranted, drug and/or alcohol therapy may be mandated as part of the program.…
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Court clarifies Loss Calculation and Restitution
Chicago – In United States v. Pu, 2016 U.S. App. LEXIS 3224 (7th Circuit February 24, 2016), the court addressed the district court’s loss calculation and restitution order. Pu who worked for two companies, one of which was the Citadel in Chicago, a hedge fund, was indicted for and pleaded guilty to unlawful possession of a trade secret from Company A and unlawful transmission of a trade secret that belonged to the Citadel. The district court found that Pu intended to cause a loss of approximately $12 million, and was ordered to pay restitution of $750,000. He was sentenced to 36 months in prison. The $12 million intended loss calculation increased his sentencing guidelines calculation by a whopping twenty-level increase, even though there was no actual loss. While the restitution order was based on a letter supplied to the court by the Citadel that included costs associated with an internal forensic analysis and an internal…
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HOW JUDGE SCALIA DIED AT A RICH MAN'S LUXURY RANCH INSTEAD OF IN YOUR GUEST BEDROOM
Before the dust settles here's a few words about Justice Scalia's odd passing while at a very wealthy man's luxurious Texas hunting lodge. Odd because the Supreme Court Justice though a lover of the second amendment and every literal word of the constitution was not a hunter nor was this solid family man among his family as he died. Bring out another for our favorite Judge!The owner of the ranch said he'd only just met the judge - it was a mutual friend who snagged the justice an invitation. Yet how unusual and unfortunate that the Supreme Court declined to hear a case involving a business owned by that ranch owner last year. What a small world it is. Yes, all of us I suppose, routinely entertain folks whom we don't know with extended stays at our ranches. Perhaps the good judge made it a habit to seek shelter for a few nights among random American citizens to better comprehend life as lived by typical folks to fuse this knowledge with ever…
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Federal Criminal Income Tax Evasion Prosecutions
Most U.S. taxpayers do not run afoul of the Internal Revenue Service’s Criminal Investigation Division. Known as the CID, it has special agents who work either with other criminal prosecution agencies, in or with inter-agency task forces, or are assigned on a case by case basis to a U.S. Attorney office. Understand that the Internal Revenue Service does not commonly begin a taxpayer collection action with a Criminal Investigation Division special agent. The most common I.R.S. taxpayer recovery begins with a telephone call to the target. The caller is an I.R.S. collection agent, not a C.I.D. agent. Source: bragertaxlaw.com If your first contact from the I.R.S. is a C.I.D. agent call you know that the ultimate outcome is most likely a criminal prosecution. It is best to retain a criminal defense attorney if you are called by a C.I.D. special agent. All customary investigations begin with a request for production. The request…
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2016 ABA White Collar Crime Conference - Hon. Paul Friedman
This year marked the 30th Anniversary of the ABA White Collar Crime Conference. Hon. Paul Friedman gave a wonderful talk in which he looked at three decades in white collar practice. He noted how initially there was “no focus on...
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2016 ABA White Collar Crime Conference - DAG Sally Q. Yates
Deputy Attorney General Sally Yates was the luncheon speaker at the ABA White Collar Crime Conference. It was a Q and A format, and as one might suspect, the Yates Memo was a key topic - although she preferred not...
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Jailhouse “Fight Club” run by SF Sheriff’s Office discovered
I like the movie version better…In San Francisco, three Sheriff’s office deputies are charged with running their own “Fight Club” at a jail. They would allegedly force inmates to fight each other while law enforcement watched. Former Officer Scott Neu and Officers Eugene Jones and Clifford Chiba are now facing various felony and misdemeanor criminal charges. The San Francisco DA claims that the deputies forced the fight between two inmates with a weight difference of over 200 pounds on March 5 of last year. The two inmates, R. Garcia and S. Harris were threatened with a transfer to a stricter jail unless they fought each other. Deputies also threatened the men with beatings and mace unless they fought. One of the inmates suffered a cracked rib and both men suffered bruises and cuts. Scott Neu was the ringleader and also forced inmates into gambling in exchange for cleaner clothing and food. The losers were punished by…
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New York Gun Laws vs. the Federal Law Enforcement Officers Safety Act
Introduction As experienced New York Second Amendment Lawyers we often think that we have seen it all but recently we handled a gun case using the Law Enforcement Officers Safety Act (LEOSA) also commonly called HR218 as a defense to New York State gun charges under some unusual circumstances. Just as a primer, the Law Enforcement Officers Safety Act (LEOSA) is a federal law that provides a defense to State weapons charges for both active law enforcement officers and “qualified retired law enforcement officers.” Essentially it gives Law Enforcement Officers and Retired Law Enforcement Officers the right to carry a firearm in all 50 states. Despite this well established Federal Law a gentleman who was both a Special Police Officer for the Sheriff’s Department and a retired Police Officer was arrested and charged with Criminal Possession of a Weapon in New York for having three unregistered handguns in his home. Two questions that I immediately raised…
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Brady Appeal Focusses on Destruction of Evidence
New England Patriot quarterback Tom Brady did not get the reception he wanted at the oral argument of the appeal of the National Football League (NFL) of a district court decision overturning his four-game suspension in the so-called Deflategate case....
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2016 ABA White Collar Crime Conference - A Few More Highlights
There was an incredible presentation on implicit bias, moderated by Hon. Bernice B. Donald, who chairs the ABA Criminal Justice Section. This was a real highlight of the program and the audience was glued to the screen for a short...
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Witness Identification of Defendant in Massachusetts Burglary
In Commonwealth v. Coughlin, the jury convicted the defendant of breaking and entering a building at night and possessing tools to commit burglary. The defendant was drinking with his friend in Beverly. The friend drove him to Peabody and waited for him while the defendant broke into a used car dealership. The defendant was unaware that the building wasn’t empty. The service manager and his girlfriend were staying overnight inside the service manager’s car inside the dealership. The service manager and his girlfriend heard glass break and witnessed a man in dark clothes go behind the counter. The defendant was looking around when the service manager opened the garage door and honked his horn. The defendant escaped through a window and went back to his friend’s truck, telling him they should hurry and go. The defendant’s hand was cut and bleeding. The friend drove him back. However, the service manager followed behind them and reported the friend’s…
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New Case Determines Who Is or Is Not a Convicted Felon
In West Palm Beach, if you are arrested and go to trial there is a possibility that without the right defense you could be convicted of a felon. It’s important to have all the information and hire a professional Florida… The post New Case Determines Who Is or Is Not a Convicted Felon appeared first on Chapman Criminal Defense Firm.
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