Category: Criminal law

Video: Seattle Officer Pepper Sprays Man Brandishing . . . A Cellphone

Jess-Hagopian-YouTube-800x430High school teacher Jesse Hagopian is reportedly planning to sue the city of Seattle after a police officer sprayed him with chemical irritant as he left a rally on Martin Luther King Jr. Day. He was simply walking away while speaking on a cellphone, as the video below captures.

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White House Struggles To Distinguish Between The Islamic State and Taliban Prisoner Swaps

bergdahl150124201815-nr-dnt-harlow-sajida-al-rishawi-explainer-00001707-large-169The White House again seems to be struggling with barriers of both language and logic as many raise comparisons between the controversial Bergdahl swap and the effort this week of Jordan to swap a terrorist for one of its downed pilots with Islamic State. During a week where one of the five Taliban leaders released by the Administration has been found trying to communicate with the Taliban, the Jordanian swap has reignited the criticism of the swap for Army Sgt. Bowe Bergdahl, which violated federal law and released Taliban leaders with long and bloody records. The White House seems to be trying to argue that the Taliban are not terrorists in direct contradiction to its prior position that they are indeed terrorists. It shows the fluidity of these terms and how the government uses or withdraws designations as terrorists to suit its purposes. The familiarities between Islamic State (IS) and the Taliban appear to be something in the eye of beholder or, to quote a certain former president, “It depends on what the meaning of the word ‘is’ is.”

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Pittsburgh Public Defender Charged With Giving “Inaccurate Information” Before Client Fled and Then Committed Suicide

Andrew-CaponeThere is an interesting case out of Pittsburgh public defender Andrew Capone, 29, has been criminally charged for allegedly given inaccurate information to a judge’s staff about whether his client had appeared for trial in a sex assault case. The case is troubling because, based on what has been released, it is difficult to see where the line was drawn between criminal and noncriminal conduct for counsel.

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New Jersey Teacher Attacked In Classroom After Confiscating Cellphone From Student

250B22D500000578-2925629-image-a-38_1422203620087For teachers, there is nothing more sacred than the space of a classroom. While the sanctuary of rooms are sometimes shattered by violence, it remains thankfully rare. That makes the video this week particularly disturbing as physics teacher at John F. Kennedy High School in Paterson, New Jersey is attacked by one of his students. The other students do not come to the aid of the 62-year-old physics teacher as he is thrown to the ground by a sixteen-year-old student, though one student eventually comes over to tell the attacker to break off the attack. The teacher had taken the teenager’s cellphone.

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Florida Prosecutor Arrested In Peeping Tom At Tanning Salon

635578853473699456-1410369764000-Bill-EzzellFormer 8th Circuit Assistant State Attorney William Ezzell, 37, was charged Friday with video voyeurism for allegedly using a cellphone to record a woman in her underwear at a Gainesville tanning salon. The bizarre case could end a career that included some notable cases for Ezzell as a prosecutor.

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“We’re Going To Be Watching”: New York Police Arrest Man Over Allegedly Threatening Statements and Images Posted On Facebook

24FE2B9600000578-0-Aristy_s_Facebook_profile_features_many_photos_of_him_either_smo-m-44_1422071322717We have been following the response of police in the aftermath of the murder of two officers in New York. One fear is that this effort will extend to areas of free speech and the arrest this week of a teenager boy in Brooklyn would seem to confirm those concerns. Osiris Aristy posted what police consider to be threatening text and digital cartoon images – or emoji on Facebook. He was arrested for terroristic threats as well as criminal possession of a weapon, criminal use of drugs and criminal possession of marijuana. His bail was set at $150,000.

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New Zealand Confronts Three Illegal Fishing Boats In Antarctica and Then Lets Them Go When Captains Refuse To Let Them Board

85906-songhua-starboard77606-wutaishan-anhui-44-sternThere was a curious confrontation between the New Zealand navy this month and three notorious boats illegally poaching in the waters near Antarctica. The Navy caught the boats red-handed poaching and using illegal nets. The Navy called over for the three rust buckets to stop the illegal operation and the boats simply refused. The Navy called over again that it wanted to board to check their documentation and the boats said know. They simply continued to poach in front of the Navy and then the New Zealanders let them leave without firing a shot. This was called a victory by the New Zealand Navy but I am not sure why.

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The CIA’s Whitewash Investigation of Itself

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

It is unfortunately not surprising that anything that the CIA does should be considered suspect.  When the CIA recently came under fire for allegedly spying on Senate computers, no one, except the Senators who were spied on were surprised.  Now that Director John Brennan has completed his internal “investigation” into the matter, the truth has come out.  John Brennan says he and the CIA did nothing wrong! Continue reading “The CIA’s Whitewash Investigation of Itself”

Murder Conviction Reversed After Prosecutor Shows Jury 100 Prejudicial Power Point Slides During Closing Arguments

By Darren Smith, Weekend Contributor

walker-guilty-photoAfter what was declared to be prosecutorial misconduct, the Washington Supreme Court reversed a jury conviction of Odies Delandus Walker. The defendant was convicted as being an accomplice to first degree murder, first degree assault, first degree robbery, solicitation, and conspiracy after a robbery at a Lakewood Walmart.

In closing arguments during trial, the Pierce County Prosecutor’s Office showed the jury a PowerPoint presentation having over one hundred of a total of approximately two hundred fifty slides having headings such as “DEFENDANT WALKER GUILTY OF PREMEDITATED MURDER,” including one slide having a booking photograph of Walker altered to have “GUILTY BEYOND A REASONABLE DOUBT” superimposed in boldfaced red letters over his photograph. Additional photographs presented included those of Walker and his family juxtaposed with those of the murder victim emblazoned with inflammatory captions.

Walker asked the court to address if such actions violated his right to a fair trial due to the prejudicial nature of the presentation.

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Washington State Politicians Draft Bill To Criminalize Whistleblowing In Agricultural Animal Cruelty Cases

By Darren Smith, Weekend Contributor

washington-flag-sealIn what some regard as an affront to both free speech and whistleblowing, Washington legislators Joe Schmick, J. T. Wilcox, June Robinson, and Vincent Buys sponsored House Bill 1104 introducing the new crime of “Interference with Agricultural Production.” The bill, if signed into law, will have the effect of criminalizing whistleblowing and the free speech activities of those seeking to publicize allegations of animal cruelty and other concerning farming methods under the guise of protecting agribusinesses from economic harm.

The bill also provides for troubling retributions against those who have traditionally revealed acts of cruelty to animals and shown food safety abuses by several farms and businesses.

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University of Michigan Frat Suspended And Faces Criminal Investigation After Trashing Hotel

frat23n-7-webfrat23n-6-webThe University of Michigan Sigma Alpha Mu fraternity has been suspended by its national office and its members may face criminal investigation after its members were accused of causing $50,000 in damage at a ski resort last weekend. The pictures of the damage at the Treetops Resort are astonishing and the incident raises the question of whether students involved in potential criminal mischief should be expelled from the school for such extracurricular conduct.

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New Jersey Officers Shoot And Kill Unarmed Man Who Disobeyed Commands And Exited Car With Hands In Air

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There is another controversy involving a police shooting. Jermane Reid was shot and killed after the Jaguar in which he was riding was pulled over for running a stop sign by Bridgeton officers Braheme Days and Roger Worley in a Dec. 30 traffic stop. When one officer reported seeing a handgun in the glove compartment, things got tense and ultimately led to the fatal shooting of the unarmed Reid. [Warning: the video and text includes foul language]

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Florida Judge and Former Prosecutor Arrested For Alleged Domestic Abuse

b4s_Myersmug011815_14517843_8colb1s_MyersJailMug011815_14518018_8colHillsborough County (Fl.) Judge Eric Myers is now on the other side of the bench after an arrest for alleged domestic violence and an order to stay away from his wife and daughter. The arrest occurred on Saturday morning and Myers’ wife, Shirley Sanchez-Myers, 40, petitioned the court for protection over the weekend. She says that the judge beat her as their young daughter pleaded “Daddy stop hitting mommy.” Myers is the former head prosecutor overseeing drug cases in the county.

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St. Louis Police Release Video To Try To Identity Wave Of Looters At Ransacked Market

Screen Shot 2015-01-21 at 9.13.45 PMThe St. Louis Police Department have released an extraordinary video this week showing how one of the many stores were looted in Ferguson, Missouri after a grand jury declined to vote indictments in the Michael Brown case. The criminals are clearly shown and the police are seeking their names to arrest them.

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From Hobby Lobby To Holt: Supreme Court Rules Unanimously In Favor Of Religious Rights Of Arkansas Inmate

BEARDS-web-master180Supreme CourtA unanimous Supreme Court ruled Tuesday that a Muslim prison inmate in Arkansas, Gregory H. Holt (also known as Abdul Maalik Muhammad), can grow a short beard for religious reasons. The case is The case is Holt v. Hobbs, 13-6827. It represents a trifecta loss. The federal magistrate (Joe J. Volpe), the district court judge (Brian S. Miller), and the United States Court of Appeals for the Eighth Circuit (Judges Bye, Arnold, and Shepherd) all ruled against Holt only to see a unanimous Supreme Court reject their reasoning. Justices Ginsburg and Sotomayor both wrote concurring opinions.

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