Superior Court judge Carlia Brady, 41, is to stand trial for “knowingly harbor[ing]” a fugitive charged with armed robbery in her Woodbridge home and never calling the police. She was arrested on Tuesday and charged two counts of hindering the apprehension of Jason Prontnicki, 41.
Category: Criminal law
>Civil libertarians have long viewed Senator Dianne Feinstein (D.,CA) as a menace to privacy and civil liberties in her role on the Senate Intelligence Committee. She has worked to blocked investigation of torture while supporting warrantless surveillance of our own citizens. Recently, many Californians became aware of her role in seeking ever-expanding powers for the security state. Feinstein desperately tried to get citizens to embrace a new model of privacy that allows for their continual surveillance in the latest scandals under her tenure. That has not worked particularly well so now Feinstein is taking a new approach: she is proclaiming her concern over the dangers of privacy posed by . . . drones. That’s right. Like the street magicians distracting an audience, Feinstein is trying to get citizens to focus on the use of drones for surveillance and promising some form of “regulation” in the future. The obvious intent behind yesterday’s carefully constructed scene was to present Feinstein in the light of a fighter for, rather than an attacker of, privacy rights.
Jeffrey Allen Jones, 56, is clearly not going for that “this is actually quite fun” mugshot that we saw earlier.
Police were investigating the alleged rape of Sara Ylen by two men in her home in Lexington, Michigan when her attending physician noticed something odd: her bruises were wiping off clean. She is now being prosecuted for falsely claiming rape and tampering with evidence. The most chilling aspect of the story is that prosecutors convicted a man previously of raping Ylen. It is the role of the prosecutors that needs to be investigated in this bizarre story.
The Brooklyn district attorney Charles J. Hynes is not have a particularly good week. First, Hynes had to fire one of his top people after Gang Bureau head Deanna Rodriguez used racist and anti-gay language. Now he will have to testify about allegations that his office ignores and even promotes prosecutorial misconduct. The testimony will occur in the case of Jabbar Collins, who has filed a civil rights lawsuit against the office of District Attorney Charles J. Hynes after he won his release after 16 years in prison for murder. He claims that his case is only one of an array of cases showing a pattern of egregious abuses and misconduct by Hynes’ office and prosecutors.
George Bush was rightfully denounced for his Administration’s false statements to both the public and the United Nations on weapons of mass destruction in Iraq — the rationale for our invasion of that country. There was little apparent concern from Bush or his aides over the veracity or proof of their assertions as opposed to the desired outcome. The same mentality is in open display with President Obama this month as he and his aides continue to increase the claims of “successes” from the warrantless surveillance programs as public opposition grows. In this case, the increasing claims are being made in a war on privacy, including an effort to redefine privacy in a new surveillance-friendly image. We are now up to over 50 “potential plots” and Obama is sounding distinctly Bush-like in statements today about how these programs “saved lives.” The public, which learned this month that it was openly lied to about the programs in earlier hearings, is expected to accept these assurances on faith alone.
The jury had deadlocked in the trial of Officer Joseph Weekley who is accused of involuntary manslaughter in the death of Aiyana Stanley-Jones, 7, who was shot in the head during a raid on her home. The producer for the reality show “The First 48 Hours” is also charged in the case.
We previously discussed the case of Jared Marcum, 14, who was suspended and arrested for wearing a t-shirt supporting the Second Amendment and the National Rifle Association. While many of us derided the arrest of a student (and the continuation of a trend toward criminalizing our schools), most people assumed that some adult supervision would kick in at the police or prosecution offices and toss out the charges. Think again. We live in a world where adults no longer show such independent thought or discretion. Marcum is now formally charged with obstructing an officer and faces a $500 fine and a maximum of one year in prison.
Continue reading “West Virginia Teenage Facing Charge Over NRA T-Shirt”
There is an extraordinary case out of Texas involving a mother who was reportedly arrested for simply asking to see a warrant before police could enter her home to arrest her son. What is most remarkable to this story is that the family’s lawyer told the media that the Slaton Police Department was only willing to apologize if the family waived any right to sue it for the unlawful and abusive arrest. That demand alone, if true, should result in the immediate termination of the police chief as well as the disciplining of any prosecutor who conveyed the demand in my view. Citizens should not have to trade away legal rights to receive an apology for allegedly abusive police conduct.
This is one of those stories that can put some in a difficult position. On one hand, it seems like progress that a hateful Islamic Cleric was sentenced for destroying a Bible in light of the litany of prosecutions of people for insulting Islam. However, in the end, it is simply the same denial of free exercise and free speech under blasphemy laws. Whether it is a Koran or a Bible, the act (as hateful and obnoxious that it is) remains an exercise of free speech and should be protected as a basic human right.
Continue reading “Egypt Sentences Cleric To 11 Years For Burning Bible”
In a major loss for individual rights vis-a-vis the police, the Supreme Court ruled 5-4 that prosecutors could use a person’s silence against them in court if it comes before he’s told of his right to remain silent. The prosecutors used the silence of Genovevo Salinas to convict him of a 1992 murder. Because this was a non-custodial interview, the Court ruled that the prosecutors could use his silence even though citizens are allowed to refuse to speak with police. It is of little surprise that the pro-police powers decision was written by Samuel Alito who consistently rules in favor of expanding police powers.
Jesse R. Daniels, age 53, has a right to be a bit confused. He heard vandals destroying his father-in-law’s house that they were remodeling next door in the Village of Clyde. He told his wife to call police and he ran over and confronted the intruders. He found four young boys with hammers who destroyed the interior and forced them into a closet until police arrived. The parents of the vandals insisted on charging Daniels who was arraigned last week on charges of endangering the young boys who caused an estimated $50,000 in damage to the home.
Paranoia and police power are never a good combination, but Turkish Prime Minister Recep Tayyip Erdogan appears to have readily embraced both. With thousands protesting his destruction of the secular traditions of Turkey and authoritarian power, Erdogan has called on his Islamic supporters, crushed protesters with tear gas and clubs, and now blamed an international conspiracy led by the media, particularly the BBC and CNN. Turkish police have been attacking makeshift hospitals with tear gas, including an attack that led to a pregnant woman losing her baby in a miscarriage. It was a tragic symbol of the cost of Erdogan to the future of this nation.
Photo – nist.gov.
by Gene Howington, Guest Blogger
Since the last story on additive manufacturing and plastic guns, there have been a few developments. On June 12 in New York City, Council Member Lewis Fidler (D-Brooklyn) submitted a bill to amend the New York administrative code to make it illegal to use a 3D printer to create any part of a firearm unless the person is a licensed gunsmith and requiring gunsmiths to notify the NYPD and register said firearm within 72 hours. There is additional language in the bill applying to systems to feed bullets, serial number requirements, and regulations against destroying weapons. Also on June 12, a second piece of legislation was also announced by State Assemblywoman Linda Rosenthal (D-Manhattan), which would make it a felony for anyone to manufacture, sell, or use guns or ammunition magazines made with a 3D printer. Naturally this did not sit well with Defense Distributed’s Cody Wilson whose response to Fidler’s bill in an email interview was “[s]uch legislation is a deprivation of equal protection and works in clear ignorance of Title I and II of U.S. gun laws.” At federal law, it is legal for individuals to manufacture certain types of firearms as long as the guns are not resold, are not fully automatic, and comply with set limits such as barrel length. In addition, in order for a homemade gun to be legal under Federal law, the person who builds their own gun must make at least 20 percent of the receiver (the operative part of the gun containing the trigger mechanism, etc.). The purpose of this is to prevent people from buying the gun parts separately and then putting them together but it allows for prototyping. A recent story out of Santa Monica, California illustrates a problem not only with the 20 percent requirement but laws restricting guns in general. John Zawahri, 23, went on a rampage using a modified AR-15-style semi-automatic rifle during an attack that started at his father’s home and ended at Santa Monica College where police fatally wounded him. He killed five people before he was stopped. Relevant to the laws at hand though, anonymous sources in the Santa Monica Police Department have indicated that Zawahari probably assembled the modified AR-15 himself from purchased components. This shows the inherent problem with this kind of gun regulation (as well as illustrating that guns are a simple technology). Criminals don’t care about laws. They are lawbreakers by definition. Rules of society mean nothing to them. If they are willing to commit crimes involving victims, as the saying goes, in for a penny, in for a pound. Consider the following in light of what is going on in the New York City Council and the events in Santa Monica.
Making plastic guns is the tip of the iceberg that is additive manufacturing. You can print with far more than plastics. Think of the possibilities of printing biological materials. This isn’t a question for science fiction. Bioprinting is right around the corner.
Continue reading “Plastic Fantastic Re-recycled and the Hazards of a New Age in Technology”
Submitted by Charlton Stanley (Otteray Scribe), guest blogger
“The democratic aspiration is no mere recent phase in human history . . . It was written in Magna Carta.”
–Franklin Delano Roosevelt, Third Inaugural address (1941)
On June 15, in the year 1215 AD, the King of England was an involuntary “guest” of a group of forty rather angry Barons in a field at Runnymede. After the Barons explained “the facts of life” to him, King John affixed his Seal to a document they called the Magna Carta. In those days, documents were not signed, as is the custom today. Instead of a signature, the official Seal of the person “signing” was impressed into hot wax poured onto the document.
King John consented to the Baron’s demands, sealing the document in hope of averting a civil war. Ten weeks later, Pope Innocent III proclaimed the Magna Carta document null and void, plunging England into a civil war the King and Barons had hoped to avoid. Fortunately, for posterity and the law, King John died before Pope Innocent III’s decree became law. He died only 15 months after sealing the Magna Carta.
Although this magnificent document did not solve King John’s immediate problems, it was reissued in multiple copies after his death, and was read to the people throughout England. In fact, when the first English settlers landed on the shores of Colonies around the world, they took their rights with them.
Years later, when the American Colonies decided to break away from control by England, the writers of the Declaration of Independence and new Constitution had the rights first enumerated in the Magna Carta very much in mind.
Continue reading “Today’s Birthday, June 15: The Magna Carta”