Category: Criminal law

Phylogenetics: Finding The Smoking Genome

By Mark Esposito, Weekend Contributor

maeso-hepatitis-valencia_thumbBespectacled Juan Maeso led a fairly mundane life as an anesthetist in the Spanish coastal town of Valencia. All that changed in 2007 when Maeso was convicted of serial murder. A morphine addict, Maeso had been skimming the painkiller meant for his patients and then using the same compromised needle to inject them. Over a decade, 275 patients contracted hepatitis-c (HCV)  and four of them died from complications from the disease. A Spanish court sentenced Maeso to 1,933 years in prison but the sentence pales in interest to how the murderous soporifist was finally caught.

A fascinating article in the journal Nature details the laboratory hunt for the killer with all the twists and turns of an Arthur Conan Doyle story. Led by researchers at the University of Valencia, the work involved analyzing and categorizing 4200 viral sequences to backtrack to Maeso’s particular strain of hepatitis-c. The process known as phylogenetic forensics has been successfully used to track down the origins of such infamous cases as the 2009 anthrax-laced heroine scare in Europe and the case of Bruce Ivins, a microbiologist at the US Army Medical Research Institute, strongly suspected of sending anthrax tainted letters to Senators in 2001. Ivins committed suicide before charges were placed.

Continue reading “Phylogenetics: Finding The Smoking Genome”

Leading Snake-Handling Minister Dies Of Snake Bite: Should Religious Snake Handling Be Prosecuted?

300px-SnakehandlingThe death of Pastor Jamie Coots, a third-generation snake handler and religious leader of the, w Full Gospel Tabernacle in Jesus Name church in Middlesboro, Ky., has renewed concerns over the practice and the need to criminalize such conduct. However, criminalization triggers a serious question of free exercise so long as the animals are not being abused or children allowed to handle poisonous snakes.

Continue reading “Leading Snake-Handling Minister Dies Of Snake Bite: Should Religious Snake Handling Be Prosecuted?”

Texas Man Who Blows 0.0 In Breath Test And Passes Drug Screening Is Arrested And Spends Night In Jail Under “Take-No-Chances” Policy

intox28n-3-webLarry Davis can be excused if he is a tad confused. Austin police pulled him over for running a red light. As we have seen before (and discussed in this column), police often use pretextual reasons to conduct drug or alcohol stops. In this case, police asked Davis to take a voluntary breath test and he consented and blew a 0.0. He also agreed to a blood sample and was later cleared of seven types of drugs. Negative on everything, but he was arrested and spent the night in jail under a bizarre “take-no-chances” policy which seems to boil down to “arrest them all and let God sort them out.” Continue reading “Texas Man Who Blows 0.0 In Breath Test And Passes Drug Screening Is Arrested And Spends Night In Jail Under “Take-No-Chances” Policy”

“You Have No Rights”: Baltimore Police Threaten Citizen Filming Arrest

filmed27n-1-webWe 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, these abuses continue. The latest case comes from Baltimore, Maryland. Maryland has been previously cited in abuses by police in this area as we discussed. In this case, the officer summed up too many such cases by telling the witness simply “you have not rights.” That simplifies things wonderfully for police and citizens alike.

Continue reading ““You Have No Rights”: Baltimore Police Threaten Citizen Filming Arrest”

Blasphegrams: Bahrain Arrests Four Citizens Accused Of Blasphemous Messages On Istagram

225px-Instagram_logo125px-Flag_of_Bahrain.svgThe crackdown on free speech continues among our Arab allies. This week, Dubai arrested four people for posting insults about companions of Prophet Mohammed on Instagram. Since the companions of Prophet Mohammed are revered by Sunni Muslims, the insults are particularly sensitive in the country with tensions between a majority of Shiites and a Sunni monarchy.

Continue reading “Blasphegrams: Bahrain Arrests Four Citizens Accused Of Blasphemous Messages On Istagram”

South Carolina Man Shot By Officer After Reaching For Cane . . . Department Calls Shooting “Appropriate”

article-2568848-1BE2880300000578-331_306x423There is a controversial shooting in South Carolina this week after York County deputy, Terrence Knox, shot Bobby Canipe, 70, during a routine traffic stop when Canipe reached for his cane. Knox said that he thought it was a rifle and his department is calling him justified in the shooting. Canipe (left) is a disabled Vietnam veteran.

Continue reading “South Carolina Man Shot By Officer After Reaching For Cane . . . Department Calls Shooting “Appropriate””

Police Department Clears Officers Of Beating and Falsely Charging New Jersey Man . . . Reporter Then Finds Dashcam Video Proving All Of The Allegations

article-0-1BC6567800000578-397_634x436In Bloomfield, New Jersey DJ Marcus Jeter, 30, was charged with eluding police, assault and other crimes based on the sworn reports of two Bloomfield police officers. The officers accused him of fleeing a scene and then assaulting them after they were called to his home with his girlfriend. It was all a lie but multiple officers joined in framing Jeter. The problem was a police dash came video that prosecutors never bothered to review despite his denials. It was once again the media that did the due diligence and presented the evidence to the prosecutors who dropped the charges. Prosecutors however claim that the fault rests with the police.

Continue reading “Police Department Clears Officers Of Beating and Falsely Charging New Jersey Man . . . Reporter Then Finds Dashcam Video Proving All Of The Allegations”

New York Attorney Blames Victim, Mother, and “Intermittent Explosive Disorder” For Murder

article-2562207-1B9C1A6600000578-636_306x423 article-2562207-1B9C1A6E00000578-344_306x423Attorney Jason Bohn is facing a particularly challenging case. First, the victim was beaten and strangled to death. Second, he is the defendant and the victim was his girlfriend and Danielle Thomas, 27, was killed in their New York City apartment. Bohn, 35, has come up with a novel defense: “intermittent explosive disorder.”

Continue reading “New York Attorney Blames Victim, Mother, and “Intermittent Explosive Disorder” For Murder”

Milwaukee Man Charged With Felony In Spitting Incident

MJS Milwaukee_officer_spit.jpgWe often look at police controversies in cases of abuse or other violations by officers. We occasionally have opportunities however to witness what officers face in their daily jobs as well as officers who saw admirable restraint. This is one such case. Most of us would respond more aggressively to Mr. Larry A. Green Jr., 28, spitting in our mouths. Police officers often have to show restraint that exceeds the personal discipline of most people. The video is below.

Continue reading “Milwaukee Man Charged With Felony In Spitting Incident”

Massachusetts Police Officer False Tells Driver Videotaping Him Is A Crime And Then Denies Threatening To Take Camera At Hearing

509px-MSPSergeantUnknownWe have another case of a police officer threatening a citizen after falsely telling him that filming a police officer in public is a crime. What adds to this particularly case is that Massachusetts state police trooper Kenneth Harold is also now accused of giving false testimony under questioning by driver. 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, these abuses continue.

Continue reading “Massachusetts Police Officer False Tells Driver Videotaping Him Is A Crime And Then Denies Threatening To Take Camera At Hearing”

Police Officers Sideswipe Car, Look For Any Cameras, And Then Charge Brooklyn Man With Causing The Accident, Resisting Arrest, And Disorderly Conduct

22114carsWe recently discussed the incredible decision by the Dallas Police Chief that officers will no longer be allowed to give their accounts of shootings for the first 48 hours after officers were found to have lied in past cases. They will now be allowed to get their accounts straight before going on the record. Two Brooklyn officers are probably wishing that such a rule might apply to non-lethal controversies. Officers Christopher Oliver and Shazad Shigri are accused of sideswiping a parked SUV owned by Robert Jackson, 31, and then charging him with the accident — after looking around for any security cameras that would contradict them. They missed one.

Continue reading “Police Officers Sideswipe Car, Look For Any Cameras, And Then Charge Brooklyn Man With Causing The Accident, Resisting Arrest, And Disorderly Conduct”

Samuel Sheinbein Dead in Israel In Shootout With Prison Guards

100px-Coat_of_arms_of_Israel.svgOne of the lowest points in U.S. and Israeli relations came in 1997 when Samuel Sheinbein, an American teenager, savagely murdered another teenager as practice for a later planned murder. He then fled to Israel and as a Jew claimed the right to become a citizen (and thus avoid extradition). He is now dead after grabbing a gun and shooting several guards before being gunned down himself in Haron Prison. The irony is that he was close to the point where he would ask for release from prison.

Continue reading “Samuel Sheinbein Dead in Israel In Shootout With Prison Guards”

Chicago Police Arrest 13-Year-Old Boy For Allegedly Hitting Officer With Snowball

143px-Chicagopd_jpg_w300h294Snowball-CopBlock-550x356The Chicago police have bagged a desperado in my home city. A 13-year-old boy was arrested for allegedly hitting a Chicago police officer with a snowball. The boy insists that he was not actually the one in the crowd who threw the snowball and that it actually hit the car not the officer who was sitting in it. The main question is why such an act, even if it hit the officer, warranted an arrest for the serious offense of aggravated battery (not simply battery) to a peace officer.

Continue reading “Chicago Police Arrest 13-Year-Old Boy For Allegedly Hitting Officer With Snowball”

Governor Walker and Illegal Political Activities

220px-Scott_Walker_by_Gage_Skidmore

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

This past week, thousands of emails from within Wisconsin Governor, Scott Walker’s inner circle were released as part of an appeal by his former Deputy Chief of Staff, Kelly Rindfleisch.  Ms. Rindfleisch is appealing her conviction on illegal campaign activities during the 2010 Lt. Governor’s race.

Kelly Rindfleisch was convicted of illegal campaign activity for working on the 2010 lieutenant governor’s campaign of then-Rep. Brett Davis while serving as Walker’s deputy chief of staff during his time as Milwaukee county executive. In Wisconsin, it is illegal for public employees to work on campaigns while on the clock and being paid to administer state services.

Prosecutors found that Rindfleisch traded more than 3,000 emails with Walker campaign staffers, most of which were sent on county time from a secret email system in Walker’s office. Davis, who was Walker’s favored candidate, lost the race but was later appointed by the governor as head of Wisconsin’s Medicaid program.

Rindfleisch was sentenced in 2012 to six months in jail, but her sentence has been stayed as she appeals. She unsuccessfully requested to keep her emails secret while attempting to have her conviction overturned.” Readersupportednews

Ms. Rindfleisch and five other Walker employees were convicted on various illegal campaign activity charges and the emails that were released this week laid bare the mentality of the Walker associates and their actions to work on political campaigns while being paid as state workers.  It is a bit amazing that Governor Walker has remained untouched by the prosecutors even though many of these emails that detail not only illegal campaign activities, but some alarming racist and sexist comments, were also sent to him.  Continue reading “Governor Walker and Illegal Political Activities”

Austin Woman Arrested For Jaywalking and Austin Chief Responds To Outcry By Saying It Could Have Been Worse . . . Officers In Other Cities Would Add A Sexual Assault

0miw2Rochief-photoPeople in Austin were outraged recently when Amanda Jo Stephen was arrested for jaywalking – a crime that ultimately required four officers and left Stephen sitting cuffed and crying on the ground in front of onlookers. The video is below. However, it was the response of Austin police chief Art Acevedo made this even more bizarre and disturbing.

Continue reading “Austin Woman Arrested For Jaywalking and Austin Chief Responds To Outcry By Saying It Could Have Been Worse . . . Officers In Other Cities Would Add A Sexual Assault”