Category: Courts

Bizarre, Courts, Criminal law, Justice, Lawyering, Society, Testimony

Think You Can Rely On Your Local Crime Lab For The Unvarnished Truth? Think Again

By Mark Esposito, Weekend Contributor

Forensic-Science-S_2132330bA 2009 report by the National Research Council (NRC) passed quietly into the night (except in legal and forensic circles) while barely garnering more than a ripple in the public’s psyche. It should have been a tidal wave given news last December  that a  48-year-old New Jersey man, Gerard Henderson, who spent 19 years in prison for a murder he didn’t commit, was done in by faulty crime lab work. Henderson was convicted largely on “bite mark” evidence. Bite mark evidence is a process used to exam indentations and anomalies on a victim’s body and  ostensibly made by human teeth which are then matched to a defendant’s dentures in an effort to prove that he/she was the perpetrator of the crime. Convicted in 1995, Henderson proved that state testing of the bite marks on the back of 19-year-old victim, Monica Reyes, was deeply flawed and conducted without sufficient safeguards to insure its reliability.

Independent forensic scientists working for Project Innocence could not reproduce findings by the state crime lab which is the gold standard for scientific verifiability. Henderson became one of the more than two dozen people wrongfully convicted of rape or murder  since 2000 as a direct result of flawed bite mark evidence analysis all duly attested to as accurate by the local crime lab.

Continue reading “Think You Can Rely On Your Local Crime Lab For The Unvarnished Truth? Think Again” →

Courts, Criminal law, Justice, Lawyering, Military, Society

Second Worker at the Military Records Center in St. Louis Sentenced

National Record Center St Louisby Charlton “Chuck” Stanley, Weekend Contributor

Last week, I reported on the deliberate misfiling, destruction, and throwing away files at the Records Center in St. Louis.  Although an audit showed several employees were outside normal limits for error rates, only two were serious enough to warrant charges.

As I described in the earlier story last week, one of the men, 28-year-old Lonnie Halkmon, entered a guilty plea to a misdemeanor charge of destruction of government records. Halkmon was sentenced to forty hours of community service and two years probation. He could have gotten up to six months in jail on that charge.

Engram was responsible for the destruction of more than a thousand records. He destroyed some of them, threw 241 away in the woods near the Center, and took others home with him where he tossed them in the trash.

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Courts, Lawyering, Politics, Society

Judge In Amanda Knox Trial Under Investigation For Post-Verdict Comments

foxy-knoxy-machine-gunThe recent trial of Amanda Knox has highlighted serious flaws in the Italian legal system ranging from shoddy investigatory standards to sentence aggravators based on defense arguments (implication other parties) to criminal penalties for defaming the police or prosecution. While we often discuss the flaws in our own system, the Knox litigation has been an embarrassment of legal process. However, the system does apparently police misconduct by judges in public statements, an area of recurring concerns in this country by justices and http://jonathanturley.org/2013/05/07/judge-in-casey-anthony-case-publicly-proclaims-his-belief-in-her-guilt-and-dishes-on-case/ alike. Florence judge Alessandro Nencini made comments after the trial on the defendants and defense strategy that has triggered not only an investigation but raised new defense arguments for reversal.

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Courts, Criminal law, Lawyering, Society

Lawyer Allegedly Offers $1 Million To Anyone Who Disproves Client’s Alibi . . . Law Student Disproves Theory But Florida Court Rules Lawyer Does Not Have To Pay Up

220px-United_Airlines_-_N14219_-_Flickr_-_skinnylawyer_(1)200px-Nelson_SerranoThere is an interesting ruling in Florida where U.S. District Judge Charlene Edwards Honeywell has ruled that a Florida lawyer, James Cheney Mason, does not have to pay on a $1 million challenge that he made in a television interview. Mason offered the money to anyone who disproved his client’s alibi in a murder case. Then South Texas College Law Student San Dustin Kolodziej took him at his word and said that he disproved the defense theory for Nelson Serrano (left). Mason then refused to pay up and now Honeywell is allowing him to keep the money. The case involves a unilateral contract sometimes called a “prove me wrong” case where someone offer payment to anyone who can prove the offeror wrong regarding a particular claim.

Continue reading “Lawyer Allegedly Offers $1 Million To Anyone Who Disproves Client’s Alibi . . . Law Student Disproves Theory But Florida Court Rules Lawyer Does Not Have To Pay Up” →

Courts, Lawyering, Politics, Society

Alito: It’s Fine The Court Is So Unpopular

225px-010_alitoI have long criticized the increasing public appearances of Supreme Court justices who appear to be maintaining a type of popular base of supporters on the left and the right. It is the age of the celebrity justice. Scalia and Sotomayor were in the news this week attracting headlines with commentary on cases or political issues. However, it was the comment of Associate Justice Samuel A. Alito Jr. yesterday that was the most striking. Alito dismissed new polls showing that the Court was at a near record low in respect and approval at some 43 percent. Alito said that it did not bother him at all, which (judging from his past conduct) should not come as much of a surprise.

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Courts, Lawyering, Society

North Dakota Supreme Court Suspends License Of Criminal Defense Lawyer Accused In Conspiracy To Kill Witness

mugshotsThere is an interesting decision out of the North Dakota Supreme Court this week after it suspended a lawyer as a precautionary act following his indictment. Henry Howe has only been charged and has been released on bond, but the Court still suspended him in an emergency action. The action raises concern over the presumption of innocence and the ability of prosecutors to effectively halt a lawyer’s practice (and earnings) with an indictment. On the other hand, the Court viewed the evidence as sufficiently strong that it had to act to protect clients pending the outcome of the case. That case however could take a year or more.

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, Lawyering, Media, Politics

Senate Calls Widow Of Slain Officer To Oppose Nomination of Former Defense Counsel In Confirmation Hearing

220px-Mumia03debo-adegbileThe confirmation hearing for Debo Adegbile to head the Justice Department’s Civil Rights Division has many of the standard elements and witnesses on Adegbile’s career as a lawyer and an advocate. One witness however is not like the other: Maureen Faulkner, the widow of a Philadelphia police officer gunned down in 1981. Now, Adegbile is not accused of gunning down Philadelphia police officer Daniel Faulkner or even being an accomplice before or after the act. No, the witness is being called to suggest that Abegbile should not be confirmed because he represented the man convicted of the murder. Faulkner is being joined by Sen. Chuck Grassley, R-Iowa, and the Fraternal Order of Police in saying that such representation is relevant in determining if he should be confirmed. It is move that strikes at the heart of the notion of the right to counsel and due process. Many law students become prosecutors because they fear that representing criminal defendants or controversial clients will bar or hinder their professional advancement while the presidents and members of Congress continue to favor prosecutors for judicial appointments (making the federal bench a sometime hostile place for criminal defense counsel).

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Politics, Uncategorized

Have We Lost the Right To Protest?

400px-Rahm_Emanuel,_official_photo_portrait_color

Respectfully submitted by Lawrence E. Rafferty (rafflaw)–Weekend Contributor

In the years since the Iraq War and the Afghanistan War began, there have been some sizeable protests and demonstrations, but not quite to the level seen during the Vietnam War.  We have seen several significant protests during various economic and political summits and conventions in the United States and around the world, but they have been met with severe police crackdowns.  The Occupy Movement is one example of a long-term protest that on more than one occasion suffered through severe police restrictions and in some cases, brutal police tactics.

In response to the 9/11 attacks, the United States passed so-called anti-terror legislation that many claim have usurped and restricted personal liberties.  However, several  states also jumped on that bandwagon and passed their own anti-terror legislation. The State of Illinois is one of the states that passed its own anti-terror legislation and the use of that legislation prior to the NATO Summit meetings held in Chicago on May 20 and 21st, in 2012 is currently being litigated right now in Chicago in a criminal case brought against 3 protestors known as the NATO 3 under the Illinois anti-terror statute. Continue reading “Have We Lost the Right To Protest?” →

Courts, Criminal law, Justice, Lawyering, Military

Military Records Destroyed: Does the punishment fit the crime?

By Charlton Stanley, Weekend Contributor

National Record Center St LouisThe National Personnel Records Center in St. Louis County, MO is the repository of millions of personnel, health, and medical records of discharged and deceased veterans of all services during the 20th century. Records from before WWI are kept in Washington, DC. The Center also stores and maintains the records of dependents and other persons treated at medical facilities owned and operated by the US military.

Or at least it’s supposed to.

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Courts, Criminal law, International, Justice, Politics, Society

The Quality of Mercy: What Price Justice?

By Mark Esposito, Weekend Contributor

Clementia with her sister goddess, Justice
Clementia with her sister goddess, Justice

Julius Cæsar built a temple to her memory and commissioned statuary depicting the Roman conqueror strolling amiably hand-in-hand with the goddess.  Augustus cited her name in pardoning Cinna for plotting an assassination attempt to install  himself as ruler of Rome. Legend has it that Augustus’ wife, Livia, reminded the emperor that violent retribution against his enemies had not deterred their incessant murderous plotting and thus a new tactic was warranted. It must have worked well as Cinna went on the next year to be named consul and reportedly  left all his possessions to Augustus in his will. The act of mercy also earned  the Roman strongman an undying reputation among the people as the “good emperor.” For citizens of the ancient Italian city-state, Clementia was the ugly goddess murdered for being too rotund and not fitting the Olympian image of health and vigor. She was something else as well — the embodiment of mercy, restraint, forbearance and  humanity. What we still call today the virtue of clemency.

I read Thursday that the USDOJ had decided to ask for the death penalty in its case against Dzhokhar Tsarnaev, the alleged

The Alleged Bomber
The Alleged Bomber

Boston Marathon bomber. Tsarnaev is charged with one of the most horrific acts of wanton brutality ever committed on American soil when he and his brother loaded two backpacks full of shrapnel and high explosives and placed them behind the  appendages of kids and adults watching the Boston City Marathon on Tax Day, 2013. Killing three and horribly wounding 260 in callous savagery few could match, the now 20-year-old’s record of mayhem and senseless violence has resulted in a capital charge of premeditated murder by means of terrorism.

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Courts, Lawyering, Society

Friend of the Court: Florida Judge Forced Off Divorce Case After Trying To “Friend” Litigant And Then Allegedly Retaliating Against Her For Declining The Offer

Judge_Schoonover200px-Facebook.svgJudge Linda D. Schoonover appears to have a different concept of a “friend of the court” party. The Seminole Circuit judge has been removed from a divorce case where she tried to “friend” one of the litigants, Sandra Chace. Chace declined on the advice of counsel to be a friend of Judge Schoonover. Her lawyer says that Schoonover responded with retaliation against her in a type of “scratch a Friend find a Foe” ploy.

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Academia, Courts, Science

Federal Lawsuit Filed To Force NASA To Look More Closely At The Mars “Jelly Donut”

mosaic_2622x350-1For many people, the appearance of the mysterious rock in a picture from Mars was a great subject for breakfast discourse on whether it was kicked up by the Rover Opportunity or an alien creature with the world’s most unimpressive evolutionary progression. Rhawn Joseph, however, believes that he can force NASA to do more than speculate. Joseph is miffed that NASA will not take a closer look at the rock and has gone to court in Northern California to force the agency to investigate further. The rock is commonly called the “Jelly donut” due to its shape but scientists at NASA have named it “Pinnacle Island.”

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Constitutional Law, Courts, Criminal law, Lawyering, Society

Seventh Circuit Rules Prosecutor Can Be Sued For Abusive Investigation and Misconduct

posnerUS-CourtOfAppeals-7thCircuit-SealIn an important decision on immunity, the United States Court of Appeal for the Seventh Circuit has ruled that a prosecutor is not protected by immunity for allegedly coercing false testimony that sent a man to death row 17 years ago. Two prosecutors were accused of egregious misconduct: Lawrence Wharrie and David Kelley. The new opinion from the Seventh Circuit is Fields v. Wharrie, 2014 U.S. App. LEXIS 1333. Ironically, I just filed on qualified immunity this week in the ongoing litigation in the Sister Wives case in Utah. We are advancing some of the same arguments, though our case has distinguishable characteristics. However, today we filed the Fields case as new supplemental authority.

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Bizarre, Courts, Free Speech, International, Society, Torts

Ex-Formula One Boss To Expand Legal Action Over Access To Pictures Of His Sadomasochistic Orgy

220px-Blame_Mosley_bannerWe previously discussed the case of Max Mosley, the ex-Formula One boss, who became infamous on the Internet after the posting of a video showing him in a sadomasochistic orgy. The story broke in the now defunct News of the World tabloid and reported the scene as a five-hour orgy with five prostitutes dressed as Nazi guards — a particularly embarrassing performance given the fact that Mosley’s father, Oswald, was the pre-war leader of Britain’s fascist “blackshirts” and even invited Adolf Hitler to his wedding. Mosley, 73, prevailed in a court action in showing that the party did not have a Nazi theme and that his privacy was violated. Now he is continuing what can only be described as a scorched Earth campaign against everyone who has carried the photos and announced a new lawsuit against Google. In a move that raises concerns over the censorship of the Internet, German court ordered the Internet giant to block photos of him at his sadomasochistic orgy.

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Constitutional Law, Courts, Religion, Society

Louisiana Parish Sued For Indoctrination Of Religion By Buddhist Family

170px-rembrandt_harmensz-_van_rijn_079-1There is a troubling case out of Sabine Parish, Louisiana which, according to a Buddhist family, acted more like a real parish than a public school district. A Buddhist family sued Sabine Parish School Board for violating their right to religious freedom with the help of the American Civil Liberties Union. If the allegations are true, the district is engaging in astonishing levels of entanglement with religion in one of the most extreme violations of constitutional law in decades.

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