Category: Criminal law

Mentor of A Murderer: Cleric Praises London Killer and Former Student

article-2329089-19F1FAAA000005DC-790_634x4762013-05-24T142550Z_2_CBRE94N0VTD00_RTROPTP_2_BRITAIN-KILLINGIf you want to know what kind of man could commit the grotesque act this week in butchering a man on a London street while posing for cameras, you might want to meet his teacher. In Tripoli, Lebanon, Syrian-born cleric, Omar Bakri, founder of banned British Islamist group Al Muhajiroun, saw the same video that we saw. While we recoiled at the savagery, Bakri rejoiced in what he called the “courage” and faith of Michael Adebolajo in murdering Lee Ridgy. Our disgust was matched by the cleric’s delight in seeing a former student murder in the name of Islam. He gave the interview as his son, Osama, played at his feet . . . yes, named after that Osama.

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Obama Orders Holder To Investigate . . . Holder?

President_Barack_ObamaholderericPresident Barack Obama recently came out to remind people that “Leaks related to national security can put people at risk.” He however denied knowledge of this and the other scandals. In the past, Obama has been able to weather criticism by civil libertarians due to his iconic status with many citizens. This time is different. The media (rather belatedly) is seeing his Administration in a different light as a true threat to liberty. Now, Obama has given a speech proclaiming that he now thinks that reporters should not fear investigation for just doing their jobs so he has ordered an investigation . . . by Eric Holder and the Justice Department. Of course, it was disclosed on the same day that it was Holder who approved the abusive targeting of Fox reporter Jeff Rosen.

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Report: Holder Personally Approved Search Warrant On Fox Reporter

holderericAttorney General Eric Holder recently appeared before the House Judiciary Committee and denied any involvement in the abuse searches targeting the Associated Press by the Obama Administration. Holder seemed to morph with his predecessor Alberto Gonzales with a mantra of “I have no knowledge” and “I had no involvement” in the scandal. It was a disturbing defense in one of the greatest attacks on the free press in modern times. Now, however, Holder’s fingerprints have been found on an equally disturbing targeting of a Fox reporter, James Rosen. As with the Associated Press, Rosen was targeted for simply speaking with a source in a story involving classified information. Even his parents telephone information was seized in the abusive operation where Rosen was declared a “possible co-conspirator” in violations of the Espionage Act.

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Zimmerman Moves To Introduce Pictures and Text Messages On Martin’s Character

trayon-martin-picture1tmgunhandsmWe have a new filing in the trial of George Zimmerman with his counsel demanding to use pictures and text messages from Trayvon Martin’s cell phone. The question will become one of relevance as well as prejudice as Zimmerman’s legal team tries to show that Martin had a violent or criminal disposition.

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London Rocked By Butchering Of English Soldier By Muslim Extremists

article-2329089-19F1FAAA000005DC-790_634x476London and the world is reeling from the video from yesterday of two Muslim men who killed and mutilated the body of an English soldier and then asked people to film them as they raved about their atrocity. The men reportedly screamed “Allah Akbar” as they butchered the soldier. A man now identified as Michael Adebolajo is shown promising onlookers that “you and your kids will be next.” In the midst of this horror scene however there was inspirational moments including a woman who gets off her bus to confront Abebolajo covered in blood and holding a meat cleaver.

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The Perils Of Butt Calling: Florida Man Mistakingly Calls Police While Discussing Murder

fl-murder-suspect-pocket-dial-20130522-001We have all had it happen. You are sitting in a restaurant or walking on the street when you accidentally hit your phone and dial an unintended call. A friend or relative then has to sit and listen to you discussing an order or chatting with a taxi driver. Scott Simon, 24, however, may have the worst butt call story of all. Pompano Beach police say that his phone dialed 911 as he was discussing his plan to kill a man. The police tracked him down just minutes after the man was killed. Presumably, this was a Nokia just fulfilling its promise of “connecting people.”

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Top IRS Official To Invoke Fifth Amendment Before Congress

160px-IRS.svgI have previously stated that I fail to see the basis for criminal charges in the IRS scandal. Prior administrations have faced allegations of targeting opposing groups and such matters have been treated as abuses but not crimes. Yet, various news sites are reporting this morning that Lois Lerner, the director of the IRS division, will invoke the Fifth Amendment before the House Oversight and Government Reform Committee. Her counsel asked the Committee to withdraw the demand for her testimony in light of her intention to refuse to testify on the grounds that it may incriminate her.

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Florida High School Student Expelled and Charged with Two Felonies For Consensual Relationship With Fellow Student

SELF-_540x405_244x183We have previously discussed the continued prosecution of minors for engaging in sexual conduct under state laws. These laws have a sexist record of boys prosecuted for having sex with a minor where girls were treated as the victim, even when the sex was consensual and both were minors or close in age. There is a new case out of Indian River, Florida that is equally troubling. Kaitlyn Hunt, 18, is a senior in high school and is facing felony charges for engaging in a sexual relationship with another girl at her school. Despite an outcry against prosecuting Hunt for consensual sex, the prosecutor has refused to drop the charges of two counts of lewd and lascivious battery of a child 12 to 16 years of age. Assistant State Attorney Brian Workman has insisted that he will only agree to a plea deal where she would accept one felony conviction and a two-year sentence of home confinement. Such a plea would likely put Hunt on the sex offender registry for life.

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Baltimore Police Sued For Allegedly Beating and Arresting Woman Who Filmed Them In Public

114px-Baltimore_Police_Department_logo_patchWe have yet another case of police being accused of beating a citizen for filming them in public. Makia Smith says that Baltimore police beat her up and smashed her camera when they filmed them beating a man in the street. She is now suing the Baltimore Police Department, Police Commissioner Anthony Batts and police Officers Nathan Church, William Pilkerton, Jr., Nathan Ulmer and Kenneth Campbell in Federal Court.

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Justice Department Declared Fox Reporter Possible “Co-Conspirator” In 2010 Investigation

President_Barack_Obama220px-Richard_NixonAs the scandal over the attack on the press continues in the Associated Press investigation, another such attack has come to light. The Obama Administration in 2010 investigated Fox News correspondent Jeff Rosen and the FBI treated him as “at the very least, either as an aider, abettor and/or co-conspirator” for merely speaking with a source. It was a perfectly Nixonian moment — yet another example of how Obama has adopted many of the same abuses as Richard Nixon. While journalists, public interest groups, and even Democratic members have denounced the attack on the media in the Associated Press investigation, Obama stepped forward to defend the investigation and praise the work of the Justice Department. He doubled down on those complaining about his Administration’s shocking record on whistleblowers and reporters by saying that he would make “no apologies” for the greatest attack on the media in decades.

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From DSM-I to DSM-5 in the Legal System: Mental Illness Issues in the Courtroom

Submitted by Charlton Stanley (Otteray Scribe), guest blogger

Dr. Isaac Ray
Dr. Isaac Ray

The relationship between mental health and the legal system is a turbulent one at best. One major problem is they speak two different languages. For example, insanity is a legal term found nowhere in any psychiatric or psychological diagnostic manual.

There are several key words used commonly by both professions, but which have quite different meanings. The words “validity” and “reliability” are part of the vocabulary of science. To a scientist, the word validity means that a test measures what it claims to measure. When a test is intended to measure depression or anxiety, the user can assume it measures depression and anxiety.

Reliability refers to the repeatability of a test or measurement. If we give the same test to the same subject several times, all the scores will fall within the standard error of measurement 95% of the time.

When an attorney uses the word validity, it means, Binding; possessing legal force or strength; legally sufficient.

The legal interpretation of the word reliability suggests the subject matter is trustworthy, and that one can rely on it. However, when a scientist says something is reliable, it means whatever is being tested will get the same results with every retest, within the Standard Error of Measurement.

An examination of the literature of both professions reminds us of the quip attributed to George Bernard Shaw, “[We] are two peoples divided by a common language.”

When I was in graduate school, a well-known attorney gave an invited lecture to the student body. The speaker made several sweeping generalizations about the mentally ill; all of them displaying a stunning ignorance of facts. Then he turned his venom on those in the mental health professions, referring to mental health professionals scornfully as, “Soul doctors.” I would like to say people like him are rare, but they are not. I have known judges who, quite literally, did not believe in mental illness. We had one of those in our area who, mercifully, retired a few years ago.  People like that remind me of those misogynistic knuckle-draggers who don’t believe there is such a thing as rape.

Now, back to the stormy relationship between the legal system and mental illness.

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Peerless: Oklahoma Man Repeatedly Shows Up Late For Jury Duty . . . And Then Misses Hearing On Contempt Of Court

w300-30b82aa492bc3fd1f4d83001853185e2Rickey Christopher, 23, obviously does not like jury duty. Many people feel the same but he is fast making jury duty into the worst chapter of his life. Christopher was previously dismissed from jury duty for repeatedly showing up late. Then when he was ordered to appear for possible contempt of court, stemming from his jury duty, he failed to appear. There is now a warrant out for his arrest from Oklahoma County District Judge Ray C. Elliott. It is a good thing that such charges are generally handled without a jury. It would be hard to find 12 peers of Christopher to appear on time to try the case.

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Man Uses Private Drone To Spy On Neighbors

220px-Aeryon_Scout_In_FlightThere was an interesting confrontation in Seattle this week where a man flew a drone just feet away from a family home. The drone was camera-equipped and the mother called police. Before the man left, he insisted that he had a right to use a private drone to surveil his neighbors. No it is not John Ashcroft’s neighborhood. I wanted to clarify a couple of points before others take to the air for some private snooping.

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Couple Refuses To Allow Police To Enter Home Without Warrant . . . Police Kick Down Door and Taser Couple

This video shows a confrontation between a couple in Cotati, California and police after the police were called to investigate a domestic violence complaint.  The couple tells the police that they were simply yelling in an argument and refused to allow the police to enter without a warrant.  The police respond by kicking down the door and tasering the couple.

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