Category: Criminal law

The Chalk Menace: Pennsylvania Man Charged With Writing On Public Sidewalk In Front Of Governor’s Mansion

chalking1It appears there is a thin chalk line between us and anarchy. Police in various states are cracking down on a criminal epidemic sweeping the nation: sidewalk chalk protesters. We just discussed the case of a California man who was not only arrested but hit with 13 charges for writing protests in chalk in front of a Bank of America. Now in Pennsylvania, a blog is reporting that AJ Martin, a health care protester, has been arrested for disorderly conduct for writing the above statement on the public sidewalk in front of the home of Governor Tom Corbett.

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Federal Prosecutors Seize Creamery’s Accounts Under Terror Financing Law

half gallon-ICDeptofJusticeRandy and Karen Sowers are not your typical terrorists or mob financiers. They run the popular South Mountain Creamery and sell their produces at farmer’s markets and local events. The Somers however were confronted recently by FBI agents who informed them that the Justice Department was moving to seize their accounts under a law designed to thwart mob and terrorist financiers. They had made repeated deposits under $10,000. The Justice Department has seized their account of $62,936 under the law as illegal “structuring.” The criminal provision is written in a way to avoid the need for actual intent or knowledge of the illegality.

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Federal Judge Dismisses Abu Ghraib Case Under Sweeping Ruling Under The Alien Tort Statute

ph_leeU.S. District Judge Gerald Bruce Lee has issued a sweeping victory for the Obama Administration and its contractors in seeking to bar any recourse for people injured or killed in U.S. camps or prisons like Abu Ghraib. Lee dismissed a lawsuit detailing well-supported accounts of abuse of detainees at the Abu Ghraib prison — holding that the injured parties could not use U.S. courts to seek judicial review and relief for the abuse. He closed the door to the U.S. judicial system to four Iraqi plaintiffs under the Alien Tort Statute (ATS) as well as one plaintiff who was deemed as barred under Iraqi law.

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Texas Executes 500th Prisoner Since 1976

Terrehaute_gurneyperryYesterday presented what some would view as a striking contradiction as Texas Governor proclaimed that Texas “values life” in pushing for a bill that would have imposed strict new regulations on abortion while the state marked its 500th execution with the death of Kimberly McCarthy. She is the 500th to die in Texas since the reinstatement of the death penalty in 1976.

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California Man Cleared After Contaminated Paramedic Equipment Found To Be Cause Of DNA Found On Murder Victim’s Body

Raveesh KumraThere is an interesting story out of San Jose where a man was falsely accused of being an accomplice to murder despite being in a hospital at the time of the crime. Defense attorneys often argue contamination in DNA cases and the attorneys for Lukis Anderson, 26, insisted that either contamination or sheer negligence had to be the reason for the finding of his DNA on the body of robbery victim and Monte Sereno businessman, Raveesh “Ravi” Kumra (LEFT). It turns out that that is precisely what happened. The same ET crew that had worked on Anderson earlier responded to the home invasion of Kumra and used the same equipment — transferring the DNA to the body.

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Thou Shalt Not Speak Its Name: California Man Barred From Mentioned the First Amendment or Free Speech in Trial Over Protest In Front of Bank of America

220px-Chalkimages-1Jeff Olson, 40, is facing a potential 13-year jail sentence for perhaps the world’s most costly sidewalk art. A former aide to the U.S. Senator from Washington, Olson used water-soluble statements like “Stop big banks,” and “Stop Bank Blight.com” outside Bank of America branches last year to protest the company’s practices. He eventually gave up his protest but prosecutors later brought 13 charges against him. Now a judge has reportedly banned his attorney from “mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial.” It appears someone associated with Bank of American could finally go to jail, but it will not by the bank officials in the financial scandal. It is the guy writing slogans in chalk in the sidewalk.

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Amnesty International Denounces Obama Administration’s Prosecution Of Snowden

100px-Amnesty_International_logo.svg228px-Picture_of_Edward_SnowdenAmnesty International has issued a statement criticizing the Obama Administration’s prosecution of Edward Snowden. While the media has largely yielded to demands from the White House not to call Snowden a “whistleblower,” Amnesty International views him in this light and specifically objects to the use of the Espionage Act by the Obama Administration in this case. I discuss the charges against Snowden in a column today in USA Today.

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Florida Police Force Under Fire For Demeaning Treatment Of Woman In Roadside Stop

There is disturbing video out of Lakeland, Florida where a police officer, Dustin Fetz, is under attack for ordering a woman to shake her bra during a search for drugs at a traffic stop. There appears no basis for the drug search, which are becoming more and more common on the roads as drivers find themselves accused of minor traffic violations but then subjected to full drug searches.

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AMERICA’S ANIMAL FARM: SNOWDEN AND THE SQUEALER

AF cover 4Below is my column today in USA Today on the criminal complaint against Edward Snowden. I have been criticizing the charge under the Espionage Act as abusive and a mistake by the Administration. President Barack Obama has been criticized for years for his use of the controversial 1917 Act. He is responsible for six of the nine total indictments ever brought under the Act. More than all presidents before him and putting Richard Nixon to shame. He has used the act against sources for journalists and only recently was criticized for the attacks on the free press under his Administration. I do not question the basis for prosecution of Snowden for the disclosure of classified information or any theft of such documents. However, the effort to put him away for life does raise an interesting contrast with prior cases, which is the subject of today’s column (slightly expanded from the print version).

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Second Circuit Upholds Conviction Of Radio Host For Attacks On Judges

nicubunu_open_mouthA troubling conviction has now become a troubling precedent for the first amendment. A right-wing Internet radio host, Harold C. Turner, was earlier convicted of threatening three federal judges. Turner, 48, posted comments attacking the three appeals court judges who had upheld a ban of handguns in Chicago. He was charged with a single count of threatening to assault or kill the judges with the intent of impeding their official duties. The referenced judges testified against Turner. They are Judges Frank Easterbrook, William Bauer, and Richard Posner. Now the United States Court of Appeals for the Second Circuit has upheld the conviction in decision that could expose more speech to criminal penalties.

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California Police Shoot Family Dog And Then Offer Account Contradicted By Videotape

ad889af55f078a35d882f5828c82f7e7We have another controversial dog shooting case. Cathy Luu and her family say that an El Monte police officer shot their 2-year-old female German Shepherd, named Kiki inside their fenced-in front yard while looking for a runaway teenager. What is different about this case is that a home security camera recorded the scene and it contradicted the account of the two officers.

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New Jersey Judge to Face Trial for Hindering the Arrest of Robbery Suspect [UPDATED]

gavel2Superior 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.

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The Fantastic Feinstein: How To Make Privacy Disappear While Appearing To Defend It

225px-dianne_feinstein_official_senate_photoimages>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.

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Michigan Woman Accused Of False Rape Charges Against Three Men, Including One Released After 10 Years

article-2326336-19A6AE47000005DC-939_306x423Police 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.

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