We have another bizarre case of a person who faked a hate crime. We previously followed the case of a lesbian in Nebraska charged with faking a gruesome anti-homosexual attack in her home. Now, police have concluded that a black woman in Louisiana who was the subject of vigil and national outcry is not a victim after all. Sharmeka Moffitt, 20, claimed that three white men doused her with a flammable liquid and lit her on fire while writing KKK and a racial slur on her car. Police say that Moffitt did these acts to herself.
Category: Criminal law
While we continue to struggle with questions of the most humane methods of execution, North Korea (the second happiest place on Earth) has implemented a new approach: death by mortar. Kim Chol, vice minister of the army, was executed by mortar for partying during the official mourning period following the death of the “Dear One,” Kim Jong-il.
Continue reading “North Korea Executes Ranking Army Minister By Mortar Shell”
The world has watched as Russian President Vladimir Putin destroys the fledgling democracy movement in Russia and reinstates authoritarian government to that nation. While actively (and admittedly) crafting a cult of personality around manufactured Superhuman exploits, Putin has striven to reinstate the oppressive laws from the Soviet era. In the face of continuing protests, Putin appears intent to show that he can and will do anything he wants with critics. This month his underlings arrested the best known protest organizer Sergei Udaltsov while his government has shutdown international human rights organizations and NGOs. At the same time, his government has passed a new law in the lower house of the Duma to radically expand the definition of treason in Russia. Udaltsov led the largest protests against Putin as part of a campaign of “Russia Without Putin.”
We have another “Castle doctrine” case this week. The most recent case comes from Kalispell, Montana where Brice Harper, 24, gunned down Dan Fredenberg, 40, in his garage. Fredenberg (left), 40, was coming over to confront Harper (right below) about having an affair with his wife, Heather Fredenberg. Harper cut the encounter short by shooting him dead and a prosecutor has declared that the shooting cannot be prosecuted given the state’s Castle doctrine or “Make My Day” law.
Tunisan Nadar Khiari, 28, will soon be back on his way to Tunisia and should consider himself fortunate that he avoided a longer stay in Sweden after an despicable crime caught on camera. Khiari was waiting for a train when he saw a drunk man fall on to the train tracks. At first, the video below suggests that Khiari is coming to the man’s aid. Instead, Khiari jumps down and robs the unconscious man and leaves him on the tracks where the man is struck and lost his foot (but miraculously survived).
There is an interesting decision out of Chicago in which Judge William Bauer (left) finds that a Chicago zoning inspector is innocent of federal bribery because the bribes were too modest to constitute the prescribed crime. Dominick Owens was convicted under a federal statute for taking two $600 bribes to issue certificates of occupancy for four homes. However, the federal law states a $5000 threshold and the court ruled that the value of the bribes fell below that definition. It is a curious bribery statute that effectively distinguishes between federal non-criminal and criminal bribes on the basis of their worth.
In a blow to science and rational thought, Italian prosecutors have succeeded in convicting seven of that country’s leading scientists of manslaughter for failing to predict the 2009 earthquake that struck central Italy. Despite objections from the world’s science community that such accurate and consistent predictions are still impossible, the government blamed the scientists for failing to alert the public that an earthquake was coming.
Continue reading “Leading Italian Scientists Convicted Of Failing To Predict 2009 Earthquake”
There is a bizarre case out of Pennsylvania that raises both potential tort and criminal liability. At a family Halloween bonfire, Janet Grant spotted a skunk and told her son Thomas Grant to fetch a shotgun and shoot it. When he returned, Janet Grant shined a flashlight on the animal while her son shot it. It was only then that they discovered that Thomas Grant had just shot his eight-year-old cousin in her black and white Halloween costume. What is amazing is that authorities say that they are considering possible animal gaming charges.
We recently saw the relatively light treatment given a Wisconsin juror who walked out of deliberations in a major criminal case to enjoy a vacation in Cancun. The same does not appear to hold true for lawyers who are accused of skipping out on trials, it appears. Lawyer M. Tayari Garrett was convicted of misdemeanor contempt for skipping a trial last year to attend her brother’s wedding in Paris. She was given one year probation and a $1000 fine.
One of the most common complaints by civil libertarians is that prosecutors who abuse the system or rights of defendants are rarely held accountable when convictions are later thrown out. Some like Nancy Grace actually make television careers based on their checkered record as prosecutors. One exception is the Texas proceedings against Texas judge and former Williamson County District Attorney Ken Anderson, who is accused of withholding evidence and making false statements during the 1987 trial of Michael Morton for the murder of his wife. Despite the allegations of his abuses as a prosecutor, Anderson was elevated to the bench to mete out justice as a judge.
Continue reading “Texas Judge Faces Bar Hearing Over Alleged Abuses As District Attorney”

We have been following the effort by police in the United States and abroad to make filming them in public a crime. For a prior column, click here. We can now add Spain to the list. The Spanish government has proposed a law banning the photographing and filming of members of the police. Since such films have been a major deterrent to police abuse, the law is viewed as understandably threatening to citizens as protests increase over Spain’s economic crisis. Last year, one such film caught police attacking protesters during a visit by the Pope. The Spanish government appears to have found a solution: rather than stop the abuse, you stop people filming the abuse.
Continue reading “Spanish Government Proposes Ban On Filming Police”
Jeremie Calo and Tiffani Lynn Barganier are accused of a bizarre crime of having sex in public at a Florida restaurant in front of families with children. Yet, they will not be charged with that crime because none of the adults, including parents, who watched the disgraceful scene are willing to come forward to be witnesses. It is an sad statement about our society that parents, who were upset with the alleged public sex act, do not view themselves as bound by civic duty to step forward as witnesses for the police. It appears that Calo is not the only one treating the incident with a wink and a nod.
Last Sunday, I published a column on “The Death of Free Speech”, highlighting the continuing threat of blasphemy prosecutions around the world. This week we have yet another such disturbing case. Well-known Turkish pianist and composer Fazil Say appeared in court on Thursday on charges of offending Muslims and insulting Islam in brief Twitter posts. Say is a celebrated artist who has appeared with both the New York Philharmonic and the Berlin Symphony Orchestra and will now face 18 months in jail for making a joke on Twitter. Continue reading “Leading Pianist and Secularist Charged With Blasphemy In Turkey”
We have another dog shooting by an officer who went to the wrong house on a call. Albert Morales and his brother Hector Serna were awoken by a San Antonio officer banging on a window of their home before dawn. The officer was at the wrong house in responding to a call about a deceased person. As almost an afterthought, according to Morales, the officer said that he might want to check out his dog.
Continue reading “San Antonio Officer Goes To Wrong House On Call And Shoots Family’s Pet Dog”
