Category: Criminal law

University Student Cleared Of Rape After Police Admit To Withholding 40,000 Messages From His Accuser

Metropolitan_Police_FlagFor two years, Liam Allan, 22, lived in fear after he was accused of 12 rapes and assaults by a woman.  He was facing 20 in jail and put his life on hold as he insisted that he was innocent. What he did not know until recently was the police in England had possession of 40,000 messages from his accuser, including messages asking him for “casual sex.”  Three days after the disclosure, all charges were dropped. Allan is now suing the Metropolitan Police.

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Wisconsin Man Get A Six-Month Sentence After Breaking 20 Bones In Beating Of His Two-Month Old Daughter

View image on TwitterWe recently discussed the outrage over a woman getting four-months probation for laughing at the torture of a defenseless, disabled man and posting this crime on social media.  We have yet another absurd sentencing.

In Wisconsin, Richard A. Root, 21, was given six months in jail and seven years of probation after beating his 2-month-old daughter.  He broke more than 20 of the infant’s bones and caused bleeding in her brain. Six months.

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Brooklyn Man Claims To Be Green Beret: Can You Spot The Flaw?

downloadWe have another stolen valor controversy this week, a subject that I have written a great deal about in prior postings and columns.  Frauds will often go to extraordinary lengths to construct a false record and appearance. Many are pathetically transparent.  Papotia Reginald Wright is one of the latter group.  He pretended to be a green beret but did not have the energy apparently to get an actually green beret.

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“Definitely, I Feel Sorry The Dog Did Not Light The First Time”: South Carolina Man Given Five Years For Burning Girlfriend’s Dog

hykeem-dontavious-jabar-golson-151326653615628312_GWe have often discussed how felons guilty of cruelty to animals are often given light sentences. An exception is Hykeem Dontavious Jabar Golson, who will rightfully spend years in jail for burning his girlfriend’s dog alive in a church parking lot.  Golson was was sentenced to five years in prison for the 2016 crime (in addition to a $5000 fine).  He received the maximum sentence under South Carolina law — only the second person to ever receive the maximum sentence.

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Good Samaritan Intervenes To Protect Woman In Argument With Boyfriend On Thanksgiving . . . Boyfriend Then Throws Good Samaritan Off Bridge

1513234477158A Connecticut man is recovering after he was thrown off a bridge on Thanksgiving after he intervened to protect a woman in an argument with her boyfriend.  The victim and his friend told Gregory Rottjer (left) to “chill out” and allegedly Rottjer and his friend Matthew Dorso became enraged.  Rottjer then threw the Good Samaritan off the Derby-Shelton Bridge — a 45 foot plunge that almost killed him.  What is unbelievable is that the woman, Jennifer Hannum, was also charged in the case in resisting one of the officers who came to find her boyfriend.

 

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Schumer Files Real Complaint Over False Sexual Harassment Complaint

220px-Charles_Schumer_official_portraitSenate Minority Leader Chuck Schumer (D-N.Y.) has rightfully filed a police complaint over a fake sexual harassment complaint against him, including the forged signature of a former aide. This is a vicious attack on Schumer that vividly illustrates the hatefilled madness that has taken so many citizens on both the left and the right in today’s poisonous political environment.  I am heartened by the filing.  Finding the culprit or culprits behind this fake complaint would take a small but meaningful step to bringing a element of responsibility back to our political discourse.

 

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A Question of Contempt: It Is Time For Congress To Enforce Its Oversight Authority

800px-Capitol_Building_Full_ViewBelow is my column in the Hill Newspaper on the surprising move of the Republican House of Representatives toward a contempt action against officials in the Trump Administration.  While some have called for the appointment of a second special counsel to investigate the dossier controversy, I continue to question the necessity of such an appointment even though I believe that there is a need for an investigation.  I believe that Congress can fully investigate the allegations of political influence in the federal investigation into the matter.  However, that will only be the case if congressional committees can secure the information that they require (and are entitled to) as part of their oversight authority.  Any such effort will have to deal with a long history of contempt by the Justice Department for congressional oversight investigations.

Here is the column:

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Bakery Sues Oberlin After Boycott Over The Arrest Of Three Black Students Caught Shoplifting

Formal_Seal_of_Oberlin_College,_Oberlin,_OH,_USA.svg348sThere is an interesting lawsuit in Ohio against Oberlin College by a small family-owned bakery over a racially charged case of shoplifting.   Gibson’s Bakery alleges that school officials encouraged a boycott over false accusations of racism after three Oberlin students were arrested at the business.  What is curious is that the students pleaded guilty to the charges and the Oberlin police found no evidence of racism, but the bakery is still be accused of racial profiling and running a “racist establishment.”

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Chicago Court Gives Woman Just Four Months Probation For Her Role In The Torture Of Disabled Man On Social Media

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It was one of the most disturbing crimes in recent memory in Chicago.  A white mentally disabled man was tortured live on Facebook by a group of African American attackers shouting racist epithets.  We discussed the case as a possible hate crime.  Charges were brought against David Rahman, 20, and Eli Smith, 20, and Elizabeth Haela, 17. The men are accused of dragging the 23-year-old victim around the house, punching him, kicking him, burning him with a lighter and sexually assaulting him. They were charged with rape, kidnapping and multiple counts of assault and battery.  Haela was charged with assault and battery with a dangerous weapon for kicking the victim. She has now been sentenced to only probation for four years.

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Prosecutors Drop Charges Against Conservative Lucian Wintrich and Charge College Official Who Stole His Speech Notes [Updated]

Screen Shot 2017-12-07 at 9.23.52 PMConservative commentator Lucian Wintrich was arrested recently after he grabbed a protester who stole his speech notes during an event at the University of Connecticut.  The video however shows Wintrich trying to stop a woman who acted to prevent him from speaking and grabbed his notes.  That led to many asking why the woman was not arrested.  Now she has been identified and it is worse than thought. Her name is Catherine Gregory and she is associate director of career services and advising at Quinebaug Valley Community College. It is particularly disturbing to see someone associated with an institution of high education acting to silence opposing speakers and actually stealing material. Update: the charges against Wintrich have been dropped and Gregory has turned herself in for charges based on her outrageous conduct.

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The Doppelgänger Defense: Kansas City Man Released After 17 Years When His Virtual Twin Is Found In Prison

lookalike-prisonersWe often joke about the “evil twin defense” and have seen a few actual cases (here and here and here and here). However, I just came across a case from earlier this year where Richard Anthony Jones (left) had an apparent twin who was no relation but a dead ringer for the man.  So similar that the Kansas man spent 17 years in prison for a 1999 robbery that he may not have committed.

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Allred Admits That Client Wrote Some Of The Words Attributed To Moore In Yearbook

downloadI have been critical of the representation afforded by Gloria Allred and her daughter Lisa Bloom in past cases, including the rapid calling of press conferences at the height of news cycles.  Most recently I was critical of Allred’s handling of Roy Moore accuser Beverly Nelson, the press conference has not only resulted in her being nationally ridiculed but she was accused of falsifying Moore’s signature on a yearbook.  Allred’s defense of her client on the charge has been so anemic and uncertain that many have taken it as a concession.  Allred’s eagerness to hold press conferences gave Moore exactly what he hoped to find: a basis for challenging the veracity of his accusers.  After numerous evasive interviews that played into Moore’s hand, Allred called another press event and admitted that Nelson did indeed write some of the words attributed to Moore in the yearbook.  Now Moore can go into the final stretch of the election claiming that the victim’s evidence was not what she had claimed.  It would have been better to have admitted this weeks ago, but Allred waited for the Friday before the election to bury her own gross negligence in the news cycle. This does not alter my view that the allegations against Moore are credible and disqualifying (including another witness who came forward this week), but rather than the blunder played into the hands of those who are struggling to ignore the moral hazard that is Roy Moore.

 

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Dead Men Don’t Park: Florida Mayor Arrested For Using Handicapped Placards Of The Deceased

 

downloadDavenport (FL.) Mayor Darlene Bradley, 60, faces an allegation this week that is politically and legally devastating.  Police allege that she has been using the placards of dead people to park in handicapped spots at city hall.  This is the type of allegation that would be radioactive before either jurors or voters.  Unless there is a serious misunderstanding (and police have videotapes), a plea would seem a wise move.

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Death By Tweet: Questions Linger Over Flynn Tweet and the Role of Trump Counsel

Twitter Logo440px-Allegory_of_death;_skeleton,_c.1600_Wellcome_L0014669Below is my column in USA Today on the ethical and practical implications of the controversial tweet sent out by Trump counsel John Dowd. In my view, Dowd should now remove himself from the litigation. Notably, the failure to remove or fail Dowd will likely fuel theories that he is covering for Trump.  If Trump did not know that Flynn had lied to the FBI before speaking with Comey, the Dowd tweet would usually result in a quick and rather angry response to a lawyer compromising his client in this fashion.  However, various media sources are reporting that White House Counsel Don McGahn did inform Trump that Flynn likely misled the FBI in his interview before Trump spoke with Comey.  Whatever the truth of the matter, the Dowd tweet could not be worse in its timing and content.

Here is the column:

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Res ipsa loquitur – The thing itself speaks