Category: Criminal law

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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Corpus Felis: Police Discover Eight-Foot Alligator Hidden In Home With Dead Cats

la-alligator-secret-ktlaThere is an interesting case developing in California over an alleged serial killer that has prowled around a neighborhood for years. The alleged culprit is Jaxson, a female eight-foot alligator believed to be 40 years old, that was kept illegally by a Van Nuys family without a permit. The “Anatomy of a Murder” aspect of the case comes in with the findings of the police in the hidden box of Jaxson — two dead cats. The police are asking neighbors to report other missing cats. I am sure it was unintentional but one article reported the suspicion about missing cats before adding “[t]he house is a family residence with multiple occupants, but no children were found there.” I do not think Jaxson is to blame.

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The Sad and Negligent Decision to Hire Officer Timothy Loehmann

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

It is always tragic when anyone is killed.  It doesn’t matter if it is accidental or intentional.  The tragedy of someone dying is universal.  However, when the person killed by a Cleveland Police Officer is a 12-year-old, tragic just doesn’t seem to describe it correctly.  You will probably recall the recent case out of Cleveland, Ohio where 12-year-old Tamir Rice was killed by Officer Timothy Loehmann.

Tamir Rice was shot while playing in a Cleveland park.  A citizen called 911 and suggested that a juvenile was pointing a gun, which was probably a toy, at people in the park.  When Officer Loehmann and his partner answered the call they saw Tamir playing on a swing with the “weapon” in the waistband of his pants.  Released videos suggested that Officer Loehmann fired at Tamir within 1-2 seconds of arriving at the park. That same video evidence also shows police throwing Tamir’s 14-year-old sister to the ground and handcuffing her.

When I first heard about the November 22nd, 2014 incident, I was shocked that a 12 year could be gun downed by a police officer.  Even the recent stories about the police killing suspects in New Mexico, Missouri, New York City, to name a few, did not prepare me for this killing.  Tamir was a 12-year-old child.

When the videos came out and when the truth about Officer Loehmann surfaced, I realized that Officer Loehmann was unfit for duty as a police officer anywhere and the Cleveland Police Department was negligent in hiring an unstable young man to patrol its streets.  The decision to hire Officer Loehmann initiated the sad outcome in November. Continue reading “The Sad and Negligent Decision to Hire Officer Timothy Loehmann”

CRIME OF THE CENTURY FOILED BY INTREPID FLORIDA DETECTIVE

By Darren Smith, Weekend Contributor

eliot-nessA Manatee County Florida Sheriff’s Detective solved what could have been one of the greatest heists of recent memory.

Crime solver, Detective Todd Zink, caught a recently released inmate red handed; saving John Q. Taxpayer and the state treasury a tidy fortune.

Suspecting that this sly cad might have lifted something before she was released from jail, Detective Zink showed an impressive level of clairvoyance when his tough, streetwise diligence tracked her down before she could fence the loot to the underworld. The theft of this treasure, as with other fine works of art and antiquities to the illicit international art market, would represent an unparalleled loss to the culture of our great republic.

We invite you to read on, for another exciting chapter of Detective Zink, the Eliot Ness of Florida.

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U.S. Attorney General Halts Controversial Asset Forfeiture Program

By Darren Smith, Weekend Contributor

Attorney General Holder
Attorney General Holder

The Justice Department announced a new policy directive issued by Attorney General Eric Holder prohibiting the practice of the federal government adopting local asset forfeiture cases to the federal level. Adoption allows local law enforcement agencies the ability to utilize broad and powerful federal forfeiture and seizure laws that offer greater ability to take assets than what similar state laws would provide.

This comes as a reversal of a decades old policy of “Equitable Sharing” where the federal government would allow local law enforcement agencies the ability to use federal agencies and law to take assets in situations where state law would not permit such seizures.

The former policy had essentially the effect of hiring out the federal government in exchange for a “piece of the action.” The US would retain twenty percent of the assets and remand the remaining eighty percent to the states. With the exception of seizures relating to “public safety” such as firearms and explosives cases, this new policy change effectively could shut the door on what has been widely criticized to be a form corruptive abuse against citizens.

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