Category: Criminal law

Police In Iceland Kill Man . . . For The First Time In History

567px-Coat_of_arms_of_Iceland.svgThe BBC has a story this week about a police raid on a man firing a shotgun that led to his death. Unfortunately, in the United States, that is all too common a story. However, there was one fact in the story that stood out: this was the first such killing by police in the recorded history of Iceland. I am not sure how to verify this fact but even if it were only the 100th in history it would astonishing.

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Police Called To Texas High School To Break Up Fight, Police Taser Teenage Boy, And Leave Him With Severe Brain Injury

article-2515388-19B5FC0700000578-740_634x897article-2515388-19B62D4000000578-690_306x423Maria Acosta has sued the Bastrop County, its police department, and its school district after a tragic accident left her son Noe Nino de Rivera with a brain injury. Acosta says that her son had broken up a fight at Cedar Creek High School when police arrived. They told him to put his hands in the air, but she says that they shot him anyway with a taser that knocked him to the ground where he struck his head causing “a severe brain hemorrhage”. Randy McMillan, a Bastrop County sheriff’s officer who works as a school resource officer, is named in the lawsuit. Police say that Noe Nino or “N.N.” acted “aggressively.”

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Kangaroo Commissions and Torture

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The five alleged 9/11 defendants currently being held at Guantanamo Bay where they have been detained since 2006, are currently preparing their defenses for trials that are scheduled for September 2014.  All five defendants have been subjected to what the United States government called enhanced interrogation techniques at CIA black sites even before they got to Gitmo. Continue reading “Kangaroo Commissions and Torture”

CryptoLocker, ransomware and holding the internet hostage

Submitted by Charlton Stanley, Guest Blogger

“I am regularly asked what the average Internet user can do to ensure his security. My first answer is usually ‘Nothing; you’re screwed’.”
   – Bruce Schneier

cryptolockerThe quote by Professor Bruce Schneier at the top of this article is the unvarnished truth by one of the leading internet and cryptography experts in the world. Which brings us to the subject of this story. The latest threat to everyone’s computer is a form of malware called “Ransomware.” This is not new, having first appeared years ago. Those first attempts were clumsy, the software codes easily broken, and the perpetrators caught. However, in the past few weeks the threat is back, more sophisticated and more dangerous than almost any malware threat to date. Although often referred to as a virus, it is not a true computer virus, because it does not self-propagate. It is a Trojan. Ransomware does not try to steal your files, passwords or photographs. Rather, it holds them hostage until you pay a ransom. There are several ransomware viruses going around, but CryptoLocker is the one getting the most media attention. How it works is this; you click on a file that may have arrived by email. Sometimes it will arrive by clicking on a web page link. Possibly a PDF of some business letter or report. Shortly after clicking an infected link, the image at the left appears. You will have no warning until it is too late. When the warning box appears, your files are already encrypted.  Follow me over the flip to see the message:

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Waitress In Anti-Gay Check Controversy Denounced As Habitual Liar

receipt27n-6-webWe previously discussed the lesbian waitress in New Jersey, Dayna Morales, 22, who attracted international attention after being denied a tip by a family which allegedly wrote on the check that they did “not agree with your lifestyle.” The family later came forward with evidence suggesting that Morales had lied and that not only did she receive a tip from them but that they supported gay rights. Now, former friends are going public with allegations that Morales is a habitual liar. The irony is that, after the prior posting drew analogies to Stolen Valor cases, Morales is now accused of lying about her service with the U.S. Marine Corp. Morales has remained conspicuously silent despite numerous media appearances during the rise of the story.

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Turkey Torts (2013)

In celebration of Thanksgiving, I give you our annual Turkey Torts of a few potential and actual lawsuits from this holiday. Personal injury and criminal defense attorneys have much to be thankful for in a holiday that often brings family members together in sometimes awkward or hostile or inebriated circumstances. The result is a horn of plenty for litigators. It also may make any tense or dysfunctional moments with family today seem a bit less significant. Have a happy and safe Thanksgiving!

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Obama Administration Gathering Records on Porn Site Usage To Use Against People Viewed As Radical

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We have previously discussed how Barack Obama has become the president that Richard Nixon always wanted to be. From his Administration’s comprehensive attack on privacy and civil liberties, investigation of journalists, to his claim of unilateral authority to kill citizens, Obama has created an Imperial Presidency that could haunt this nation for generations. He has succeeded with the silent acquiescence of many liberals and Democrats who have embraced personality over principle in continuing to support his Administration. Now, a new report documents how the National Security Agency under Obama has been gathering records of online sexual activity and evidence of visits to pornographic websites to be used as part of a proposed plan to harm the reputations of people consider radicals. The obvious comparison to Nixon is only dwarfed by the comparison to J. Edgar Hoover, but again the silence is deafening from the Democrats. In the meantime, the so-called “reforms” of the NSA as expected would preserve the massive data-gathering programs of the agency — as guaranteed by such “reformers” as Dianne Feinstein.

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New Jersey Couple: Story of Lesbian Waitress Denied Tip Due To Her Lifestyle Is A Hoax

receipt27n-6-webFor days, there has been much outrage on the blogosphere about a couple who refused to give a lesbian waitress a tip because they refused to support her “lifestyle.” Dayna Morales, an ex-Marine and server at Gallop Asian Bistro in Bridgewater, N.J., produced a receipt that said “I’m sorry but I cannot tip because I don’t agree with your lifestyle and how you live your life.” People flocked to the restaurant to leave big tips for Morales and she received national acclaim for donating the tips to the Wounded Warrior charity. Now the couple has come forward and claims that it is all a hoax. Worse yet, they say that they have proof.

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ACLU Files Lawsuit Against New Mexico Police For Allegedly Spraying Mace On Woman’s Genitals

353px-Seal_of_Bernalillo_County,_New_Mexico.svg220px-American_Civil_Liberties_Union_logoThe American Civil Liberties Union (ACLU) has filed a lawsuit that, if true, would stand as one of the most grotesque and vicious cases of police abuse in recent memory. Marlene Tapia says that she was arrested and forced to strip naked for a contraband examination. The officers at the Metropolitan Detention Center (Bernalillo County New Mexico) claimed that she had a plastic baggie in her vagina and, according to the lawsuit, forced her to bend over and as punishment sprayed mace inside of her vagina.

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Long Island Deli Owner and Son Arrested For Allegedly Ripping Off Lottery Winner

112413_ff_lottery_640We previously saw a father and his son arrested for ripping off a lottery winner at their New York convenience store. Now, we have a second case out of New York where a Long Island deli owner and his son allegedly tried to cheat a millon-dollar lottery winner out of his prize. Where the earlier convenience store family tried to rip off a drug addict, Karim Jaghab, 26, and his father Nabil Jaghab, 57, are accused of trying to tip off a 34-year-old man who did not speak English.

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Thin Blue Marital Line: Florida Officer Allegedly Beats Another Officer Over An Affair With A Third Officer

po2u0bxl44There is an interesting case out of St. Cloud, Florida where a woman is charged with hitting another woman who she believed is having an affair with her husband. That is unfortunately not uncommon. However, the attacker is police officer deputy sheriff Edeania Nettles and the victim is another officer, Jennifer Hoyos, and the husband is police sergeant, Elbert John Nettles. It was the charge that I found interesting in this case.

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Cheeky Children: British Lord Demands Punishment For Children Who Moon

24971.jpg170px-Moon_nearside_LRODavid Noel James, Baron of Blackheath, and his wife were horrified. The conservative Tory peer and his wife (who is a youth justice officer) were driving to Twickenham for a rugby game when they drove past a bus of children mooning them. Lord James wants the government to mete out punishment and not simply turn the other cheek at the little hoodlums.

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Who’s To Blame For George Zimmerman’s Most Recent Violent Assault Charge? Why It’s You His Former Lawyer Says

By Mark Esposito, Guest Blogger

“Now if I stop there it sort of sounds like I’m asking you to let my guilty client go,” O’Mara told the jury. “I’m not. He’s not guilty of anything but protecting his own life. But the quote continues, ‘but for guilt and crimes that are so frequent in this world that they cannot all be punished, but if innocence itself is brought to the bar and condemned, perhaps to die, then the citizens say whether I do good or whether I do evil is immaterial. If innocence itself is no protection, and if such an idea as that were to take hold in the mind of the citizens, then it would be the end of security whatsoever.’”
~Mark O’Mara’s closing argument to the jury in State of Florida v. George Zimmerman

Does George and Lawyer Don West Know Something We Don't?
Do George and Lawyer Don West Know Something We Don’t?

Innocence?  You remember George Zimmerman from the last news cycle, right?   He’s the wanna-be Batman, who shot and killed Trayvon Martin on a rainy night as the teenager came back from the all-night convenience store. George was that “mellow” and “peaceful” man who just happened to pack a gun for self-defense according to his then-lawyer, Mark O’Mara. Exonerated by a hand-picked jury, one of whom now regrets the acquittal saying he “got away with murder,” Zimmerman, we were told, would just ride off into the sunset with his loving and apparently loyal to the point of perjury wife, chastened by the experience of being wrongly accused of murder. George was a victim in all of this his family said, and threats to his life were comparable to the Aurora Theatre shooting or the massacre at Sandy Hook Elementary School. He needs protection shouted his brother, Robert Zimmerman, Jr.,  in an email to St. Mary’s Police Chief Steve Bracknell: “Zimmerman is a Sandy Hook, Aurora waiting to happen.  Your job is to protect the communities you serve and you are failing big time.”

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All Bike, No Brains

RDMDzRGFor those who fear that law is a diminishing profession, fear not. There are still ample numbers of moronic individuals who seem driven to have accidents. This guy is one such person. I am less concerned about his decision to forego a helmet than I am the safety of this dog. What I see is a guy with matching shorts and motorbike and a dog that seem more like an accessory to the outfit than a companion to the biker. I see a very loving dog and an owner who seems to care less about the dog’s welfare.

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“2 Drunk 2 Care”: Self-Proclaimed “Pothead Princess” Tweets Of Being Drunk And Then Kills Two Women On Florida Highway

mendozaThere is a highly disturbing story out of Florida where Kayla Mendoza, who describes herself as the “pothead princess” and seems to tweet only about being high or drunk, allegedly killed two women by driving the wrong way on a highway. Shortly before the accident, Mendoza tweeted “2 drunk 2 care.”

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