Category: Criminal law

Bizarre, Criminal law, International, Justice, Religion, Society

The Risk of Reforming God’s Bank

By Mark Esposito, Weekend Guy

Logo_IOROvershadowed by Pope Francis’ announcement Thursday that the mob is now persona non grata in Roman Catholic Churches (“RCC”) throughout the world is the very real –and related –struggle behind the scenes at the Vatican Bank. Officially known as the Istituto per le Opere di Religione or Institute for the Works of Religion, the bank has been at the center of RCC-Mafia relations for years. The bank itself is ostensibly independent but situates itself squarely on sovereign territory owned and controlled by the Pope and its Board of Superintendence answers directly to the Curia and the Pope.

Founded in 1942 by papal decree, the bank has had a tumultuous history. Unlike other financial institutions, the assets of the bank are not loaned to borrowers who pay back with interest. Rather the bank functions more like a holding company for assets which are intended to be distributed for charitable functions of the RCC. In this role as repository for the billions of dollars in assets and cash, the bank has been subjected to considerable criticism both for its haphazard administration and the customer it attracts. Customers, who Italian prosecutors say, have ties to organized crime. Continue reading “The Risk of Reforming God’s Bank” →

Criminal law, International, Politics, Religion

Pope Francis: Mafia Members Will Be Excommunicated

Unknown120px-Pope_Francis_in_March_2013_(cropped)I have previously expressed my admiration for Pope Francis and his extraordinary reforms of the Catholic Church. As someone of Sicilian descent, that admiration has grown even further today after reading the Pope decision to excommunicate Italian Mafia members. On Saturday, the Pope declared “Those who in their life have gone along the evil ways, as in the case of the Mafia, they are not with God, they are excommunicated.”

Continue reading “Pope Francis: Mafia Members Will Be Excommunicated” →

Bizarre, Criminal law, International

Edinburgh Couple Sentenced For Defacing Mosque By Wrapping Bacon On Door Handles

220px-NCI_baconThere is a bizarre case out of Edinburgh where Chelsea Lambie, 18, and Douglas Cruikshank, were arrested for defacing a mosque by wrapping bacon around door handles and, last year, throwing strips of bacon inside. It was a stupid and hateful act. What is interesting is the length of the sentences, which were a year and nine months. We have previously discussed how sentences tend to be lower in England but these are pretty stiff.

Continue reading “Edinburgh Couple Sentenced For Defacing Mosque By Wrapping Bacon On Door Handles” →

Bizarre, Criminal law, Society

Winsome, Lose Some: Felon’s Mugshot Goes Viral As Heartthrob

viralmugshotinternal1616This story is truly an insight into our often superficial society. Jeremy Meeks, 30, is considered by police to be “one of the most violent criminals in the Stockton area.” However, his mug shot has gone viral with tens of thousands of “likes” as people gush over his movie-style good looks. Many women cannot see beyond the high cheek bones and blue eyes to see those six felony charges, including gang crimes.

Continue reading “Winsome, Lose Some: Felon’s Mugshot Goes Viral As Heartthrob” →

Academia, Criminal law

“The Great Pretender”: Northwestern Expels Law Student Months Before Graduation After Discovering Shocking Criminal Record In Texas

220px-Northwestern_University_Seal.svgThere is an interesting case at my alma mater, Northwestern University School of Law, where a former student is suing over his expulsion shortly before his graduation. The student is Mauricio Celis, 42, and he was expelled for not disclosing that he is a former felon in Texas who was convicted for falsely holding himself out as a lawyer as well as a misdemeanor conviction of portraying himself as a police officer in a bizarre case involving a woman who wandered nude from his hot tub and walked into a convenience store. Celis objects that Northwestern expelled him for the failure to disclose but that it never asked him to disclose any criminal history when he applied for his master of laws. After suing Northwestern, Celis and Northwestern agreed to a voluntary dismissal of the suit.

Continue reading ““The Great Pretender”: Northwestern Expels Law Student Months Before Graduation After Discovering Shocking Criminal Record In Texas” →

Criminal law, Free Speech, Media

“There’s Nothing You Can Hold Over My Head”: Suffolk Police Settle Arrest of Photographer For $200,000 in Latest Case Involving Filming of Police In Public

Photojournalist-wins-200K-settlement-for-illegal-arrest-300x160We have yet another settlement against a police department for the arrest of a citizen for videotaping police in public. We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public (most recently here), these abuses continue. New York photojournalist Philip Datz won a $200,000 settlement stemming for his 2011 arrest during which Suffolk County Police Sergeant Michael Milton proclaimed “I’ve been doing this for 30 years. There’s nothing you can hold over my head or anybody out there.”
Continue reading ““There’s Nothing You Can Hold Over My Head”: Suffolk Police Settle Arrest of Photographer For $200,000 in Latest Case Involving Filming of Police In Public” →

Bizarre, Criminal law

“Houdiniesque”: New York Man Baffles Police After Freeing Himself From Handcuffs And Stealing Police Cruiser

220px-HarryHoudini1899POLICECARweb1-master180Police are treating a recent escape by a handcuffed suspect as “Houdiniesque” after Bryan McMenamin, 38, was able to drive away with a police cruiser. He had been handcuffed behind his back and placed in the back of the car with another suspect. Of course, there is the possibility that it was not as much “Houdiniesque” as “Keystone Copian” if there an alternative explanation like the cuffs were not entirely closed.

Continue reading ““Houdiniesque”: New York Man Baffles Police After Freeing Himself From Handcuffs And Stealing Police Cruiser” →

Academia, Criminal law, Society

Student Jokes That He Kissed A Teacher On Twitter And Is Promptly Put Under Police Investigation And Forced Out Of School Months Before Graduation

ZLRlETvpeRqjPlS-556x313-noPadWe have been discussing the trend toward suspending and expelling students (and teachers) for comments that they make on social media (here and here and here and here and here and here) Minnesota high school student Reid Sagehorn has the added problem of not just suspension but a police investigation after posting two words in a tweet. He is now suing both the Elk River District and the local police.

Continue reading “Student Jokes That He Kissed A Teacher On Twitter And Is Promptly Put Under Police Investigation And Forced Out Of School Months Before Graduation” →

Criminal law, Society, Torts

Texas Woman Pleads Guilty To Manslaughter and Later Discovers The Fatal Accident Was Caused By Defective Switch

article-2653639-1E9ECC1B00000578-660_634x356150px-General_Motors.svgThere is an interesting case out of Texas where Candice Anderson is suing General Motors over its defective ignition switches. Anderson, however, has more than the usual damages. She is a convicted felon in the death of her fiancé, Mikale Erickson, in November 2004 when she lost control of her 2004 Saturn Ion in Canton, Texas. While she was not drunk or on drugs, the police could not find a reason for the crash so prosecutors charged her with manslaughter. To avoid a longer sentence, she pleaded guilty and was sentenced to five years probation as a felon. Later, however, she learned that her case was on GM’s list of accidents caused by their defective cars – no one bothered to tell her.

Continue reading “Texas Woman Pleads Guilty To Manslaughter and Later Discovers The Fatal Accident Was Caused By Defective Switch” →

Criminal law

California Drug Counselor Given 55 Years To Life For Hitting Pedestrian and Then Driving Away With Him Dying on Windshield

Screen-Shot-2014-01-16-at-10.52.11-AM-e1389887786227A substance-abuse counselor, Sherri Lynn Wilkins, 53, has been sentenced to 55 years to life in prison for second-degree murder after hitting and killing 31-year-old Phillip Moreno in November 2012 — and then driving away with him dying on her windshield.

Continue reading “California Drug Counselor Given 55 Years To Life For Hitting Pedestrian and Then Driving Away With Him Dying on Windshield” →

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

Supreme Court Rules In Favor Of Challenge To Ohio’s Criminalization of False Political Statements

supreme court220px-Clarence_ThomasThe Supreme Court has handed down a unanimous decision in Susan B. Anthony List v. Driehaus. This is an important case for the free speech community. It involved poorly written Ohio laws that SBA prohibit the use of false statements in campaign advertisements. It allows politicians to harass public interest groups and force them into costly administrative litigation. The case was brought by the pro-life organization, the Susan B. Anthony List (“SBA List”). Associate Justice Clarence Thomas wrote the opinion for the Court in finding that SBA had sufficient injury to bring the challenge, another victory this term for standing this term after years of disastrous rollbacks by the Court that have barred groups from the courts. The SBA case was one of those considered by my Supreme Court class and once again the class got the prediction right and also mirrored the Court on the merits. We voted 8-2 to reverse the Sixth Circuit. We then voted 9-1 in predicting a reversal.

Continue reading “Supreme Court Rules In Favor Of Challenge To Ohio’s Criminalization of False Political Statements” →

Criminal law, Politics

Former Utah Attorney General Denounces Police For “Dirty Harry” Tactics

220px-Mark_ShurtleffWhen I first met Mark Shurtleff, he was Utah Attorney General leading the case against my clients, the Brown family in the Sister Wives case. After years of abusive investigations and public statements, we challenged the state criminalization of polygamy and Shurtleff fought to defend the law. Shurtleff is now on the opposite side of the line and has decried the treatment of his own family in the investigation of his own alleged wrongdoing. Shurtleff angrily denounced the Utah law enforcement as basically thugs engaging “Dirty Harry” tactics in a raid on his home.

Continue reading “Former Utah Attorney General Denounces Police For “Dirty Harry” Tactics” →

Criminal law, Media

Media Golf Cart Driver Arrested For Felony Assault On A Police Officer After Allegedly Running Over Officer’s Foot

Twitter
Twitter
Apparently, there was drama at Pinehurst on Sunday (as a non-golfer any drama would be welcomed in my view). It came in the form of an arrest on the green after North Carolina Highway trooper Ryan Ashley Goodin said that a golf cart run over his foot (witnesses said it was more like an unintentional brush). Goodin ran after golf reporter Roger Maltbie’s cart driver, Thomas Howerton Lineberry, 59. Lineberry is a volunteer. Goodin reportedly jumped on the cart and put Lineberry into a headlock and then arrested him. He then hit Lineberry with a dubious array of charges, including assaulting a police officer.

Continue reading “Media Golf Cart Driver Arrested For Felony Assault On A Police Officer After Allegedly Running Over Officer’s Foot” →

Criminal law, Religion, Society

Hot Dog Crimes: Five Guys Restaurants Could Be Committing A Crime For Selling “Kosher Style” Hot Dogs In Washington State

By Darren Smith, Weekend Contributor

Hot Dog with MustardThis blog has discussed several examples of the criminalization of activities in the United States that would be considered by many to be either civil in nature or based upon manners or simple transgressions. Selling certain types of hot dogs could actually, according to state law, be considered not only violations of the Consumer Protection Act, but also Gross Misdemeanors.

Washington enacted the Sale of Kosher Food Products Act of 1985 which prohibits the use of the words “Kosher” or “Kosher Style” in selling foods that are not kosher according to state definition. A possible example of this could allegedly involve a national restaurant chain, Five Guys, which has franchises in several locations in Washington State. In Washington something as ordinary as serving a Kosher Style hot dog could be considered a crime.

Continue reading “Hot Dog Crimes: Five Guys Restaurants Could Be Committing A Crime For Selling “Kosher Style” Hot Dogs In Washington State” →

Columns, Constitutional Law, Criminal law, Lawyering, Military, Politics

Where To Go With Bowe? A Bergdahl Trial Could Raise Some Familiar Defenses

305px-USA_PFC_BoweBergdahl_ACU_CroppedBelow is my column yesterday in the Chicago Tribune. It remains unclear whether Bowe Bergdahl will be charged. However, the allegations are mounting over his disappearance from his base. This column explores some interesting possible defenses and their historical context. Bergdahl returned this week to the United States, a move that will likely magnify these questions for the Administration.

Continue reading “Where To Go With Bowe? A Bergdahl Trial Could Raise Some Familiar Defenses” →