Category: Criminal law

“Shared Pain” or “Genocide”? Turkey Apologizes For Deaths Of Armenians

260px-MarcharmeniansTurkish Prime Minister Tayyip Erdogan offered what the government described as unprecedented “condolences” for the killing of Armenians in the First World War. The “apology” however is likely to be viewed as manifestly inadequate for those who have long demanded that Turkey acknowledge the killings as “genocide.” There remains a sharp historical debate over the killings though countries like France tried to end that debate by criminalizing arguments that this was not a genocide. The overwhelming world opinion however is that this was genocide and that Turkey continues to offer a revisionist history to its students and citizens. This statement comes as the country approaches the 100th anniversary of the killings next year. Turkey continues to deny that 1.5 million people were killed in 1915.

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Texas Officer Shoots Family Dog In Responding To The Family’s Report of a Burglary . . . Then Allegedly Refuses to Finish Off Suffering Dog

10246316_1415396162058836_8394800075273499741_nWe have another case of a family dog shot by police. The latest such incident occurred in Rains County, Texas where Cole Middleton says that an officer responded to his call about a burglary at his home and shot his dog upon exiting the police car. To make matters worse, Middleton alleges that the officer refused to finish off his cow dog Candy despite his pleas that she was suffering. They have identified the officer as Rains County Officer Jerred Dooley.

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21,000,000

We only recently passed the 20,000,000 mark last February but we just hit 21,000,000, according to WordPress. Congratulations everyone. This has been a banner year for the site with a continuing increase in traffic, links on other sites, and new voices on the blog. These milestones are coming faster and they give us a chance to look at the spread of our regular readers and commentators. As always, I want to offer special thanks for our weekend contributors: Mark Esposito, Eliane Magliaro, Mike Appleton, Larry Rafferty, Charlton Stanley and Darren Smith. The increasing traffic on the site is gratifying and reaffirms that there are many people looking for mature and civil debate. Even among the top ten sites, I believe that we offer a unique forum of different views and backgrounds in the discussion of law and politics (and a few quirky items).

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Nine-Time Poker Champ Accused Of “Edge Sorting” To Win Millions

220px-Phil_Ivey_Profile220px-Baccara_PaletteThere is an unfolding scandal involving one of the best known gamblers in the world, Phillip Ivey, Jr. who has been accused of card-cheating in baccarat to the tune of $9.6 million. What is striking to me is how such allegations are treated as civil rather than criminal matters, particularly given the allegations by Borgata Hotel Casino & Spa filed in its federal lawsuit against Ivey in using effectively marked cards. The casino reads like a new script for Ocean’s Thirteen with the use of flawed dice created at a Mexican factory. I could find no reference to the lawsuit (or another lawsuit by the Golden Nugget) on Ivey’s website.

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The CIA Psychologist Who Designed the Torture Program Claims It Was Not Torture

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

We have seen and heard the claims from Donald Rumsfeld and others that the leaked Senate torture report is off base because the enhanced interrogation techniques were not only legal according to the Office of Legal Counsel, but they also produced results.  Putting aside the idea that just because an allegedly illegal act is claimed to have been successful in producing actionable intelligence, does not make it any more legal or illegal, is there a reason why we should listen to the participants who authorized the waterboarding and other torture procedures when they claim that all is well?

Now it seems that Donald Rumsfeld has company.  “In an uncompromising and wide-ranging interview with the Guardian, his first public remarks since he was linked to the program in 2007, James Mitchell was dismissive of a Senate intelligence committee report on CIA torture in which he features, and which is currently at the heart of an intense row between legislators and the agency.

The committee’s report found that the interrogation techniques devised by Mitchell, a retired air force psychologist, were far more brutal than disclosed at the time, and did not yield useful intelligence. These included waterboarding, stress positions, sleep deprivation for days at a time, confinement in a box and being slammed into walls.

But Mitchell, who was reported to have personally waterboarded accused 9/11 mastermind Khalid Sheikh Mohammed, remains unrepentant. “The people on the ground did the best they could with the way they understood the law at the time,” he said. “You can’t ask someone to put their life on the line and think and make a decision without the benefit of hindsight and then eviscerate them in the press 10 years later.” ‘  Reader Supported News  Continue reading “The CIA Psychologist Who Designed the Torture Program Claims It Was Not Torture”

Thin Blue Line: Video Allegedly Disproves the Sworn Testimony of Five Police Officers in Chicago-Area Drug Case

Cops_camera_arrestThere have been a long list of studies and articles on the problem of false testimony by police officers. Most officers that I have met or represented would not testify falsely. However, there is cultural pressure to hold “the thin blue line” to support other officers. That appears what is occurring in a recent scandal out of Chicago. In a Skokie courthouse, five officers (three from Chicago and two from Glenview) took the stand and lied about what occurred in a drug arrest. What is relatively rare is that the prosecutors appear to be seriously considering criminal charges.

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Van Full Of Federal Officers Reportedly Accuse Driver Of Causing Collision . . . Dashcam Shows Clearly That Van Caused Accident

CBP_BadgeA website has posted an extraordinary video (below) showing not only the abusive treatment of a citizen by border and local police, but highly compelling evidence of a false police report by a driver to cover up his own illegal turn that caused an accident in New York City. The driver, Ted, had installed a Timetec Roadhawk Dashcam out of fear of unlawful traffic stops. It was a fortuitous decision because it would capture what he says was a false charge and abusive treatment by law enforcement officers — following by a false police report. By the way, the postings report this as a Border Police vehicle but it appears a van from the Customs and Border Protection (CBP).

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French Institute Loses Over Two Thousand Vials Of SARS

220px-vial_examples220px-Centre-medical-de-l'institute-pasteurA story this week caught my eye: Paris’ Pasteur Institute has disclosed that it lost thousands of tubes of samples of the deadly Sars coronavirus. I read the story with a mix of astonishment and irritation. As I have previously discussed, I represented Dr. Thomas Butler, a former Texas Tech professor, who was criminally charged after he revealed that a small number of vials containing bubonic plague samples had disappeared — possibly sanitized by accident. Butler self-reported the loss and was immediately the subject of a bizarre FBI investigation by the Bush Administration and former Attorney General John Ashcroft. He was later hit with a series of national security charges and labeled “Dr. Plague” by the media. While the jury rejected virtually all of the national security counts but a minor allegation on shipping (unrelated to the missing vials), the world’s leading expert on plague was still sent to jail. The Pasteur Institute lost 2,349 vials and the French government is correctly treating it as a non-criminal matter.

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Congress Investigates “Slush Fund” At USAID Used To Get Lawmakers To Pass Reforms

1369987959_USAIDOur government has long seemed to be descending into a type of Orwellian universe of double speak. The Libyan War was not a war but a “time-limited, scope-limited military action” under Obama. Torture of detainees was not torture but “enhanced interrogation” under Bush. Now it appears open bribery of foreign officials is not bribery but “incentives” to implement policies favorable to their own people. Congressional members are moving to address what is being called a “slush fund” with the United States Agency for International Development (USAID) where millions are paid to political figures in foreign countries. We have previously discussed such payments by the CIA to the openly corrupt Afghanistan government, including suitcases of cash to President Helmit Karzai. What is most interesting is that an act that is a federal crime for citizens doing business abroad can be not only legal but an official program by government officials. It appears that in the handshake shown on the USAID seal, there is often a sawbuck or two in the palm.

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New York Judge Declares Mistrial After Prosecutor Claims Defendant Tried To Run Her Down . . . Later Video Disputes Account And Defendant Was Not In The Car

gavel2Erie-County-SealErie County District Attorney’s Special Victim’s Bureau Chief Roseanne Johnson appeared recently in court with an alarming report. She told the judge in the midst of jury selection for a rape trial that she had a statement to read from Assistant District Attorney Kristi Ahlstrom. Ahlstrom informed that court that the defendant, William Payne, 48, had tried to kill her by running her over in the street. Johnson denounced the attack as an effort to intimidate the prosecutors who were in the jury selection process for the rape trial. A mistrial was declared. The problem is that Payne was not in the car and a video tape of the street contradicts the account of Ahlstrom. Yet, the trial was halted, Payne was held in jail for seven days pending investigation, and there is no indication of any discipline for the prosecutor.

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Dallas Judge Bars Attorney From Appearing In Shorts Due To A Large Leg Brace After Knee Surgery

ccc5Dallas attorney James Lee Bright faced a dilemma: he had to appear in court but he recovering from knee surgery with a large leg brace and an ice machine attached to his leg to stop swelling. He could not fit his pants over the hardware so he wore a shirt, tie, jacket, and shorts. That did not go over well with Judge Etta Mullin (left) who refused to hear his motion to dismiss a weapons charge for a client because he was wearing shorts. It was a rather unsympathetic and inflexible decision but it was not the first for this particular judge. However, it is the mounting criticism of Mullin that raises the question of why the Democratic party has pushed for her reelection and why the state bar has not investigated allegations of injudicious conduct.

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Ohio Judge Sentences “Bully” To Wear Demeaning Sign In Public

bully-2-e1397330995935article-2603196-1D0E0E1500000578-133_634x819We have previously discussed the use of shaming punishments by judges around the country — a practice that I have previously denounced in columns and blog postings. I discussed a new case this week on BBC involving Edmond Aviv, 62, in South Euclid, Ohio. Aviv pleaded no contest to a misdemeanor disorderly conduct charge. Aviv, 62, had been feuding with his neighbor for 15 years, particularly over the smell of her dryer vent when she did laundry. He retaliated by hookup up kerosene to a fan to blow the smell on to the property of Sandra Prugh. Municipal Court Judge Gayle Williams-Byers (left) decided to impose her own brand of justice and ordered him to demean himself in public and wear a signing reading “I AM A BULLY! I pick on children that are disabled, and I am intolerant of those that are different from myself. My actions do not reflect an appreciation for the diverse South Euclid community that I live in.” For those of us who view this type of novel or shaming punishment to be unprofessional and abusive, it is Judge Williams-Byers who is in serious need for corrective measures. Indeed, many view judges who entertain the public with shaming sentences to be the ultimate bullies.

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Samaritan or Snitch? Sharpton Denies Being “Informant” And Being Flipped By FBI After Drug Sting

250px-al_sharpton_by_david_shankbone136px-US-FBI-ShadedSealMSNBC host Al Sharpton has long been controversial from his involvement in the Tawana Brawley scandal to questions raised about his pressing companies to give “love offerings” and associations to his legal problems. Nevertheless, his position at MSNBC is viewed as secure while President Obama continues to honor him at official White House meetings and public events, including an event three days ago. This teflon reputation with liberals appears to be holding even after news reports surfaced that Sharpton was an FBI snitch and an associate accused him of seeking to cash in on the drug trade before he became a national figure. Sharpton has been somewhat guarded in answering detailed questions about the stories about his wearing a wire in meetings with the mob, but recently confirmed that he “cooperated” with the FBI. He proved testy with 60 Minutes in refusing to acknowledge that he was an informant. According to reports, the FBI designated Sharpton as “Confidential Informant No. 7” and used him with a bugged briefcase to incriminate mob figures in discussions of criminal enterprises. Sharpton insisted “I’m not a rat, I’m a cat.” He certainly has nine lives given the range of his past scandals. The mayor of New York and other Democratic leaders lined up to praise Sharpton in the aftermath of the story.

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Woman Interviewed On The Street About The Crime Wave In Rio . . . And Is Promptly Mugged On Television

article-2601346-1CFD0D8E00000578-461_634x457As many have been discussing, the rampant crime in Brazil has led many to avoid the country as tourists and many others to criticize the selection of Rio de Janeiro for the next summer Olympics, the Soccer World Cup, and other huge venues. The local media was covering the growing crime wave in interviewing this woman . . . who was promptly mugged on television as if to bring home the point.

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Spare the Prison, Spoil the Prosecutor? West Virginia Prosecutor Claims Constitutional Right To Beat Son With Belt

kanawha-county-prosecutor-mark-plantsPreviously, our contributor Charlton Stanley wrote about Kanawha County Prosecuting Attorney Mark Plants in a controversial foreclosure matter. Now, Plants is back in the news as the subject of a criminal case as opposed to the charging prosecutor. Plants is charged with beating his son with a belt and leaving a considerable bruise. He is claiming a constitutional right to such beatings as a parental choice on discipline.

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