Category: Courts

Egyptian Court Bans YouTube Over Anti-Islamic Film

200px-Logo_Youtube.svggavel2An Egyptian court has ordered a one-month ban on YouTube due to the refusal of the company to remove material insulting to Islam — the latest example of the growing battle between religious orthodoxy and free speech. Hassouna Tawfiq has also ordered other sites banned if they show the controversial “The Innocence of Muslims.”
Continue reading “Egyptian Court Bans YouTube Over Anti-Islamic Film”

Bill Maher’s Gambit Or Why Donald Trump Loves Lucy

By Mark Esposito, Guest Blogger

The Contract From Lucy v. Zehmer
The Contract From Lucy v. Zehmer

Bill Maher’s caustic but hilarious shtick may have landed him $5 million dollars worth of trouble. Appearing on Jay Leno’s The Tonight Show, the comic best known for his HBO series, Real Time With Bill Maher, laughingly “offered” a cool 5 extra-large to charity if  perpetually hair-challenged, right-wing real estate mogul, Donald Trump, publicly  coughed up his birth certificate. Saying he was reasonably sure that Trump was the “spawn of his mother having sex with orangutan,” Maher asked to see the document then pledged to pay five charities of  The Donald’s choosing. Trump, who is no stranger to “birther” strategies, had famously offered to pay the exact sum to charity if President Obama produced his college records and passport application.

Continue reading “Bill Maher’s Gambit Or Why Donald Trump Loves Lucy”

The Most Important Human Rights Issue: Women

Submitted by: Mike Spindell, guest blogger

Sometimes an idea hits me leading to an epiphany. Epiphanies for me usually take the shape of the realization that a Woman_Montage_(1)belief I’ve held for a long time, is actually more important in the scheme of things than I had previously thought about. This happened with me some few years ago when the opposition to gay marriage defeated a voter initiative. I had been a believer in the need for equality for Gay men and women since I was a teenager. After all the bullies who were beating me up kept calling me a “fag, or “queer” and while I wasn’t, I got insight into what it must be like to be homosexual. In life you have the choice of identifying with the bully, or those who are bullied. I’ve always chosen the latter. So as a young adult I cried tears of joy when “Stonewall” happened and the police found that Gays would no longer be easy targets. Working for NYC’s Human Rights Administration and then living in Manhattan gave me the privilege of meeting and befriending Gay people of both sexes. When AIDS hit the scene I had many friends die and I worked to help the Division of Aids Services as a Budget Director. Yet while I always completely supported LGBT rights, for a while I believed the focus on Gay Marriage, shouldn’t be in the forefront of the movement. The argument over Proposition 8 in California http://en.wikipedia.org/wiki/Proposition_8  gave me an epiphany that led me to see that not only was the right to marriage an essential part of ensuring the Constitutional Rights of Gay people, but it was the key element. Being unable to assist in the health care choices of long term partners, in some cases even being barred from the funerals, or participating in ones’ partners Health Plan are important Constitutional issues and the essence of the battle. Continue reading “The Most Important Human Rights Issue: Women”

Culpeper Police Officer Found Guilty In Shooting

-Submitted by David Drumm (Nal), Guest Blogger

patricia cookWe have previously discussed the fatal shooting of an unarmed Patricia Ann Cook, 54, by Daniel Harmon-Wright, at the time a Culpeper, Virginia police officer. Cook was in her Jeep Wrangler in a church parking lot. Harmon-Wright had claimed his arm was caught in the car’s window as Cook drove away. This claim was disputed by an eyewitness. Cook was shot seven times.

Continue reading “Culpeper Police Officer Found Guilty In Shooting”

Eye For An Eye Argument? Mistrial Declared After Victim’s False Eye Pops Out While On The Stand

220px-ScleralLens1This is a problem that you don’t encounter everyday in court. Matthew Brunelli, 23, is being prosecuted for aggravated-assault for allegedly punching John “Big Red” Huttick so hard in the left eye during a bar fight in August 2011 that the eye had to be surgically removed. Big Red was on the stand tearfully recounting the fight when his glass eye popped out and he caught it in his hand in front of jurors. Common Pleas Judge Robert P. Coleman granted a defense motion for a new trial given the expected prejudice caused by the scene against Brunelli.

Continue reading “Eye For An Eye Argument? Mistrial Declared After Victim’s False Eye Pops Out While On The Stand”

Nun-Sense: Federal Judge Dresses Up As Nun To Refute Defense Argument And Convict Bank Robber

kennellyphoto48006U.S. District Judge Matthew Kennelly appears to be pushing the limits of judicial notice this week. Kennelly found a defendant guilty after dressing up like a nun to see if her theory held water about determining the race of a bank robber in such an outfit.

Continue reading “Nun-Sense: Federal Judge Dresses Up As Nun To Refute Defense Argument And Convict Bank Robber”

Texas Judge Under Investigation For Alleged Prosecutorial Misconduct That Led To Innocent Man Being Sent To Jail 25 Years Ago

District judge Ken Anderson of Williamson County, Texas is now formally under investigation for his alleged role in a gross injustice as a prosecutor. It is an all-too-rare case where a former prosecutor is actually called to account for an injustice. In this case, an innocent man, Michael Morton (shown here), now 58, was wrongly convicted in 1987 for the murder of his wife. Prosecutors failed to turn over key evidence showing that his son clearly stated that it was not his father. Instead, they took a tragic murder of a mother and magnified it by incarcerating the grieving father. Anderson was later selected as “Prosecutor of the Year.” We previously discussed the case.

Continue reading “Texas Judge Under Investigation For Alleged Prosecutorial Misconduct That Led To Innocent Man Being Sent To Jail 25 Years Ago”

Illinois Judge From Not Guilty By Reason of Insanity . . . And May Now Return To The Bench

We previously discussed the bizarre case of Cook County Judge Cynthia Brim, a judge in Markham, Illinois who has been barred from entering the courthouse without police escort and has a prior arrest for assault. Despite long opposition from bar groups and her claiming insanity as a defense to the charge, Cook County voters returned her to the bench in a recent election. Now, Brim has been cleared of the criminal charge by reason of insanity and can now be cleared to resume judging other people in Cook County . . . thanks to voters who clearly reelected her on a basis other than competence, record, or sanity.

Continue reading “Illinois Judge From Not Guilty By Reason of Insanity . . . And May Now Return To The Bench”

Privatized Prisons a Bad Idea Gets Worse

Submitted by: Mike Spindell, guest blogger

HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sI don’t usually hold with simplified solutions to certain problems we all face but one comes to mind based on an article I read just now. A reasonable person should vote against any, I mean ANY, politician who has done, or is willing to do anything positive towards continuing the practice of privatizing the prison system on any level of government. From a standpoint of our Constitution I believe that the concept violates it, in spirit, if not in fact. From a fiscal point of view I believe that there is no cost effectiveness in privatizing a prison system. From an ethical position I believe that punishment by our criminal justice system is a government function and can not be given to private contractors without abuses coming. Finally, from a humane standpoint I believe that running a prison on a for-profit basis will never live up to the standards of humane treatment even the worst of prisoners deserve. The institution of a private prison system is a call for corruption just as in the case of the two Pennsylvania Judges convicted of wrongly accepting bribes to sentence minors to a private prison run for minors. This was the infamous “Kids for Cash” case which resulted in prison for these venal, loathsome jurists. http://en.wikipedia.org/wiki/Kids_for_cash_scandal I believe that cases and corruption such as this are the inevitable result of prison privatization and I believe that we are going to see more and more of it today.

The article which appears in today’s Huffington Post is titled: Lake Erie Correctional Institution, Ohio Private Prison, Faces Concerns About “Unacceptable” Conditions”. The issues discussed in this brief article highlight all that I think is wrong about maintaining a privatized prison system and about the abuses that spring naturally from the concept. The article even touches on why the initial cost benefit put forth by private companies and by the politicians they convince to back their idea, is unreal and actually leads to greater expense on borne by the government and its citizens. Continue reading “Privatized Prisons a Bad Idea Gets Worse”

The Obama Administration’s Inspector Javert: Federal Court Rejects Forfeiture Effort By The Office Of Carmen Ortiz In Stinging Rebuke

Carmen-Ortiz-144x150We previously discussed the ignoble role played by U.S. Attorney Carmen Ortiz in the prosecution of Aaron Swartz, who committed suicide after being relentlessly pursued by her office in a questionable prosecution. As critics around the world questioned her methods and judgment, Ortiz issued a less than credible defense of the case. Now her office is again the subject of allegations of excessive prosecution of a small motel owner where her staff sought to seize his property.

Continue reading “The Obama Administration’s Inspector Javert: Federal Court Rejects Forfeiture Effort By The Office Of Carmen Ortiz In Stinging Rebuke”

Ohio Woman Attacked By Ex-Boyfriend After Judge Leaves Them Alone In Court To Look Into Her Requested Protective Order

rashadgreenecourtroom-assultThere was a highly disturbing scene in a Domestic Relations courtroom this month after a judge left a woman with her ex-boyfriend in a room despite her saying that she was fearful of him and seeking protection. In the video below, Rashad Greene, 30, proceeded to attack Dominique Morrow, 28, in the courtroom.

Continue reading “Ohio Woman Attacked By Ex-Boyfriend After Judge Leaves Them Alone In Court To Look Into Her Requested Protective Order”

Anatomy of a DUI: Witness Takes Fifth In Bizarre Trial Of “Bubba the Love Sponge”

200px-Anatomymurder_trailer_2Who said law was boring? In the trial of shock jock Bubba the Love Sponge Clem in Tampa, an attorney has alleged that he was set up by the opposing law firm in a DUI arrest in the midst of the high-profile trial. The story has everything: an obnoxious defendant, a castrated pig, an attractive young female legal assistant, a missing briefcase filled with trial papers, and a double set-up plot. It is a DUI version of Anatomy of a Murder except the James Stewart never finishes the trial because he is found in a car inebriated with Lee Remick.

Continue reading “Anatomy of a DUI: Witness Takes Fifth In Bizarre Trial Of “Bubba the Love Sponge””

Carmen Ortiz: Prosecution for Political Ego?

Submitted by: Mike Spindell, guest blogger

HK_Central_Statue_Square_Legislative_Council_Building_n_Themis_sOne of the main concerns we Americans should have is about the state of our criminal justice system. How a society deals with the issue of criminality is one of the ways that we all can judge its freedom from oppression. This country has been selling our “democracy” to the world for 8 decades now as an example of how a modern nation should operate. Continue reading “Carmen Ortiz: Prosecution for Political Ego?”

Court Rules Obama Appointments Violated The Constitution

PresObamaA year ago, I testified in Congress that the recess appointments of President Barack Obama were unconstitutional. Those four appointments by President Obama included Richard Cordray, who had been denied confirmation to a consumer protection board in a Republican filibuster. While I liked Cordray, I testified that the appointments were in my opinion clearly unconstitutional. The D.C. Circuit has now agreed with that view and the panel unanimously ruled that Obama violated the Constitution with his circumvention of Congress.

Continue reading “Court Rules Obama Appointments Violated The Constitution”

Supreme Court Refuses To Hear Illinois Cross Case

BaldknobcrossThe U.S. Supreme Court this week refused to hear a challenge by an Illinois atheist to the use of public funds to renovate the 111-foot-high Bald Knob Cross of Peace on the highest mountain in Southern Illinois. The court never considered the merits because Robert Sherman was found to have no standing to bring the lawsuit. I have previously written about my opposition to the Supreme Court’s narrow definition of standing — rulings that effectively insulate some constitutional violations from review as in our lawsuit against the Libyan war.

Continue reading “Supreme Court Refuses To Hear Illinois Cross Case”