We have previously discussed the irony of Senator Dianne Feinstein expressing outrage over the fact that her staff was subject to warrantless CIA surveillance. Feinstein’s outrage over the spying on her staff is only matched by her lack of outrage over the spying on the rest of America. However, she does have an good point to raise with regard to the role of one lawyer who seems to be dancing along the edge of both ethical and legal standards. He is the acting CIA general counsel Robert Eatinger who is believed to have played a large role in the programs and actions under investigation. Eatinger is well known to civil libertarians as someone involved in past abuses by the agency.
Category: Criminal law
Below is a longer version of my column that ran today in USA Today. The column was originally written for a longer format but had to be reduced to fight the page. The column looks at state of the Fourth Estate on the 50th anniversary of the decision in New York Times v. Sullivan. I do not wish to understate the threat against the media in 1964 but it is hard to overstate the threat against the media in 2014.
Continue reading “THE FOURTH ESTATE: FIFTY YEARS AFTER NEW YORK TIMES V. SULLIVAN”
Many people who are not opposed to the death penalty per se still favor its elimination out of concerns with the accuracy and fairness of our criminal justice system. Those concerns will only be magnified this week with the release of Glenn Ford, who was found to be entirely innocent of the murder of Watchmaker and jeweler Isadore Rozeman in 1983. Prosecutors spent decades fighting appeals but recently threw in the towel and admitted that he was not the man who killed Rozeman. Ford, now 63, had been convicted by an all-white jury despite the lack of a single witness or forensic evidence directly linking him to the murder.
We have previously discussed child pornography prosecutions, particularly in terms of restitution and sentencing issues. The case of Francis Calar, 53, shows however the addictive or compulsive character of these crimes. Calar was arrested after on a Colorado Army base masturbating in his car while watching child pornography on his laptop. He is a military contractor “technical trainer” and married with two boys at home.
Continue reading “Military Contractor Arrested In Bizarre Child Pornography Case”
We have previously discussed the growing number of legal advertisements that degrade the profession with cheap pitches that would make a used car salesperson blush. That latest example (below) is from Pittsburgh attorney Daniel Muessig. The advertisement is clearly tongue-in-cheek but in the end I find it less than comical. Muessig promises to help felons get back to crime and proclaims that he “think like a criminal.” It fulfills the worst stereotypes of criminal defense lawyers as felons are shown committing crimes and saying “Thanks, Dan.” Muessig may have a skill for thinking like a criminal but he clearly has yet to master the talent of thinking like a lawyer.
Austin J. Witek, 25, is facing criminal charges in a horrific case where he allegedly stomped a family’s pet rabbit and fish to death. The question is now what to do with his parental rights in terms of a permanent or temporary suspension.
Continue reading “Indiana Man Arrested For Allegedly Stomping Family Bunny To Death”
By Mark Esposito, Weekend Contributor
Lucky or just good? That’s what police in Madison, Wisconsin are wondering after crime analyst, Caleb Klebig, successfully predicted the date and time of Scottie T. Patterson’s, 28, latest and last bank heist. Using data from other similar robberies, Klebig estimated that the then unknown Patterson would hit his next bank on a Wednesday or Thursday between 2 and 7 p.m. He narrowed the field of potential targets to five banks in greater Madison. Police staked out the banks and, sure enough, Patterson arrived right on cue at 2:40 p.m. on Wednesday. Confronted by the seemingly omniscient detectives while exiting the bank with the loot, Patterson made a break for it but was captured behind a nearby shopping center. Continue reading “Predicting Crime and Criminals — “Minority Report” Or Good Policing?”
Submitted by Darren Smith, Weekend Contributor
In two precedent setting rulings, the Washington Supreme Court expanded the privacy expectation of text messages on both statutory and unlawful search and seizure grounds.
Washington’s Supreme Court Ruled on February 27th the people have a right to privacy in text messages even if the person cannot be certain someone is reading them the court held. In State v. Jonathan Nicholas Roden the defendant asked the court to decide whether Washington’s privacy act protects text messages intercepted by a detective who possessed the intended recipient’s cell phone after a warrantless seizure. In State v. Hinton the court held that a text message conversation was a “Private Affair” protected from warrantless searches as enacted in Article I Section 7 of the Washington Constitution.
Continue reading “Washington Supreme Court Rules Citizens Have Right To Privacy In Text Messaging”
The CIA is in a rare confrontation with the Senate Intelligence Committee, a committee widely viewed as a rubber stamp for the intelligence community and headed by Senator Dianne Feinstein. Feinstein has been ridiculed for her defense of the intelligence services, attacks on whistleblowers, and support for the expansion of surveillance operations. Feinstein also helped cover up past intelligence scandals from the torture program to the recent alleged perjury by National Intelligence Chief James Clapper. After dismissing concerns over the surveillance of ordinary citizens, Feinstein is now dealing with surveillance of her own committee and staff. Staff members allege that the CIA violated core constitutional and statutory protections by monitoring their computers in an oversight investigation. The CIA has accused Senate staff members of sneaking out classified documents — documents that the staff say prove that the CIA lied to the Committee in its investigation of the CIA’s secret interrogation and detention program.
Somehow I knew this day would come. Down deep I knew that there would come a time when I had to express sympathy of Justin Bieber. Thanks to the Miami Police and a Florida law that day has come. CBS4 News, the Miami Herald and other media outlets went to court under the state’s open records law to demand videos of Bieber giving a urine sample. This followed Bieber’s arrest after he drag raced a Lamborghini on a residential road in South Beach and admitted to smoking marijuana and taking prescription pain killers. The video showed Bieber urinating and a black box had to be placed over his genitalia by court order of Judge Miami-Dade County Judge William Altfield in the interests of his privacy. What I fail to understand is why the entire video of urinating is not treated as a protected matter for privacy purposes. The demand by these media outfits truly disgusts me but I am more concerned in how this law is being interpreted to publicly release videos of people urinating.
Oklahoma City attorney, Frank Kirk, 70, is looking at a likely disbarment after his arrest in a bizarre discovery in the Oklahoma City Jail. Kirk is accused of smuggling in a sex toy for a female prisoner to use in exchange for his legal representation. He is now charged with possession of contraband and multiple counts of offering to engage in an act of lewdness. What is interesting is that one of the most serious charges is not his sneaking in a vibrator or the sexual acts but the cellphone that he had with him. It is a felony to bring a cellphone into a prison interview room. What is particularly distressing is that this alleged act of depravity is now the basis for proposed changes limiting counsel and expanding searches. This is a case that by any measure is bizarre and grotesque. It does not reflect either the criminal defense bar and makes for a poor basis for rewriting interview policies in my view. Notably, this was a sting operation so the prison was made aware of the violations and audio taped the encounter.
The persecution of homosexuals continues in Nigeria with four young men convicted of homosexual relations and flogged on in open court. The judges and lawyers watched as the men (aged 20 to 22) were laid prostrate on the floor, stripped, and whipped on their buttocks in a demonstration of Sharia justice. The sadomasochistic nature of the punishment appears to have escaped the onlookers. While a crowd outside tried to grab the men to kill them, the court explained that stoning was not needed since the men admitted to homosexual acts previously but said that they were no longer engaging in such relations.
Continue reading “Nigeria Flogs Four Homosexuals . . . Crowd Demands Death”
There is a decision by the United States Court of Appeals for the Fifth Circuit that captures the often impossible burden placed on convicted felons in seeking new trials after errors or unfair rulings. Tavares Flaggs is a Mississippi man serving a life sentence for murder. His trial featured the discredited medical examiner, Steven Hayne (left) who has been shown to have given flawed or false testimony, including testimony in death penalty cases. Hayne sought a new trial in a post-conviction 28 U.S.C. § 2254 application. The Fifth Circuit denied the motion in three paragraphs that is as short as it is dismissive in considering the underlying issues. The government effectively argued that its witness was so notorious that the defense should have raised his incompetency at trial. It succeeded. The entire decision is below.
Like yearbooks, some mugshots just seem to call out for blind predictions. In the case of Bernard Marsonek, 58, “most likely to have sex with pit bull” would actually seem an option. The Tampa man was arrested after not only being seen having sex with one of his eight large pit bulls, but then refusing to stop when confronted by neighbors.
Continue reading “Florida Man Charged With Having Sex With Pit Bull”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
The Fifth Amendment protects all United States citizens by guaranteeing us all the right of due process of law. The Fifth Amendment is meant to ensure that the government has to at least prove to a court that a citizen is guilty of any crime that he or she is charged with.
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Cornell Law
Without the Fifth Amendment, the government could grab any citizen off the street and proceed to jail them or execute them without a trial of any kind where the accused could mount a defense to the government’s charges. It seems that the Obama Administration is once again in the process of deciding whether it will unilaterally execute an American citizen believed to living in Pakistan. Or at least, preparing us for a kill decision that they have already made. Continue reading “Abdullah al-Shami vs. The Fifth Amendment”