Category: Criminal law

California Highway Patrol Settles Case Of Pregnant Woman Being Thrown To Ground and Hogtied After Talking On Her Cellphone While Driving

mqdefaultThe California Highway Patrol has agreed to a settlement of the recent case of a pregnant driver, Tamara Gaglione, 30, being hogtied by police after being stopped for talking on her cellphone. Gaglione will receive a $250,000 settlement.

Continue reading “California Highway Patrol Settles Case Of Pregnant Woman Being Thrown To Ground and Hogtied After Talking On Her Cellphone While Driving”

North Carolina Teacher Avoids Rape Charges By Marrying Student

teacher_244x183In Bolivia, North Carolina, former teacher Leah Gayle Shipman, 42, was spared a criminal trial on statutory rape of a student on a rather novel ground: she married the student. Shipman married Johnnie Ray Ison, 17, after divorcing her husband of 19 years. Ison married with the consent of his mother.

Continue reading “North Carolina Teacher Avoids Rape Charges By Marrying Student”

Three Illinois Police Officers Indicted In Narcotics Sting

chi-schaumburg-officers-and-female-companion-20130117Three police officers in Schaumburg, Illinois (outside Chicago) have been indicted for allegedly teaming up with a drug dealer to sell narcotics. Matthew Hudak, John Cichy, and Terrance O’Brien were all members of the tactical unit and charged with a female companion, Nicole Brehm, 44.

Continue reading “Three Illinois Police Officers Indicted In Narcotics Sting”

Former New Orleans Mayor Nagin Indicted On Federal Corruption Charges

225px-Nagin2June2006In perhaps the world’s least surprising news item, former New Orleans Mayor Ray Nagin has been indicted on federal corruption charges. Nagin was a disgrace during Hurricane Katrina in 2005 and was notorious for bizarre and self-absorded conduct. His reelection in New Orleans soured many on the idea of giving additional relief to a city that would retain such an utter failure as a mayor. Now, Nagin will face 21 charges including bribery, money laundering, fraud and filing false tax returns.
Continue reading “Former New Orleans Mayor Nagin Indicted On Federal Corruption Charges”

MIchigan Supreme Court Justice Hathaway Expected To Plead Guilty On Federal Charges

HathawayWe previously discussed the scandal surrounding Michigan Supreme Court Justice Diane Hathaway who was accused of an array of misconduct leading to her resignation from the Court. Many of us wondered why she had not been hit with a criminal indictment. Now she has. Only a few days before leaving the court, Hathaway is now officially indicted of fraud.

Continue reading “MIchigan Supreme Court Justice Hathaway Expected To Plead Guilty On Federal Charges”

Hello Kitty, Bye Bye Kiddie: Pennsylvania School Suspends Kindergartener For Bubble Gun

200px-Hello_kitty_character_portraitimage4722682lWe have yet another mindless enforcement of a zero tolerance rule. A 5-year-old Pennsylvania girl was suspended from kindergarten after she who told another girl that she was going to shoot her with a pink Hello Kitty toy gun that blows soapy bubbles. Originally, the charge was “terroristic threats” against the student. The Mount Carmel Area Elementary School in Northumberland County, Pennsylvania reduced the charge but still suspends the kindergartener to end her reign of soapy terror.

Continue reading “Hello Kitty, Bye Bye Kiddie: Pennsylvania School Suspends Kindergartener For Bubble Gun”

Bulgarian Politician Attacked In Public Speech

531754-gas-pistol-pointed-at-bulgaria-politicianThis was the unsettling scene this weekend after a man walked up to the head of an ethnic Turkish party in Bulgaria and tried to fire in the head of Ahmed Dogan, 58, the leader of the Movement for Rights and Freedoms. The gun used by Oktai Enimehmedov, a 25-year-old Bulgarian national and ethnic Turk, was a non-lethal “gas pistol” which will lower the potential charge for the assailant.

Continue reading “Bulgarian Politician Attacked In Public Speech”

America’s Broken Criminal Justice System

Submitted by: Mike Spindell, guest blogger

200px-JMR-Memphis1While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:

“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:

“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”

When McCarthy tried to renew his attack, Welch interrupted him:

“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”

McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:

“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”

The gallery erupted in applause.”

The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading “America’s Broken Criminal Justice System”

Fighting The Death of Romance

By Mark Esposito, Guest Blogger

ImageManti Te’o may not be the last of the true romantics. The Heisman Trophy runner-up and supposed victim of an on-line girlfriend hoax wrought by an acquaintance stands a distant second in the wine and chocolates line. Meet Manatee County (FL)’s own James Flenniken, unpolished thief (allegedly) and dedicated romantic. Beneficiary of an impending date with a lady, Flenniken hopped on over to the local Wal-Mart and helped himself to $80.00 worth of beef steak, wine and beer according to a report in the Bradenton Herald. Nabbed by an alert loss prevention worker, our love struck grifter told police he did the deed to “impress a lady.” The officers –obviously no fans of best-selling author Nora Roberts — were unimpressed and charged Flenniken with petty theft. He was held later without bond in the local hoosegow and thus frustrating any chance at true love. No word on the lucky lady. I’m betting on Winona Ryder. The couple seems to have a lot in common.

Source: Bradenton.com

~Mark Esposito, Guest Blogger

Sister Wives Case Now Set For Final Ruling

240px-sister_wives_tv_series_logoI am still in Salt Lake City, but we have had a great number of inquiries on yesterday’s hearing in the Sister Wives case. The two motions for summary judgment were argued with the state presenting its case through lead counsel Jerry Jenson and my presenting the case for the Brown family. Judge Clark Waddoups was obviously well-versed in the record and asked probing and fair questions to both sides. He has now taken the case under review for a final decision on the merits. I prefer not repeat or comment on statements in court from either myself or the judge. A few articles from the hearing are linked below.
Continue reading “Sister Wives Case Now Set For Final Ruling”

The Obama Administration’s Inspector Javert Speaks: Ortiz Issues Statement In Swartz Case

Carmen-Ortiz-144x150180px-JavertCarmen Ortiz, the US Attorney in Massachusetts, appears to be feeling some of the heat of the global anger over her prosecution of Aaron Swartz — an unrelenting prosecution that many (including the family) blame for his suicide. Ortiz is attempting to portray this abusive and unnecessary prosecution as prosecutors merely enforcing the law in compliance with their oath. They were, according to Ortiz, something akin to a legal version of Inspector Javert — committed to the enforcement of the federal law without discretion or judgment. Ortiz, who had remained silent, appears to have accepted that the case is presenting a serious problem for her and begins with a statement of sympathy that was entirely absent in the treatment of Swartz by her office and Assistant United States Attorney Stephen Heymann who has been linked to another suicide of a defendant.

Continue reading “The Obama Administration’s Inspector Javert Speaks: Ortiz Issues Statement In Swartz Case”

Mississippi’s Policy of Matriculation Through Incarceration

PrisonCell220px-ClassroomI have previously written about the trend in our schools to use arrests as substitutes for school discipline for students. A new report highlights this trend and leaves a particularly shocking account of the situation in the Mississippi school system which remains 50th on teacher salaries but leads the nation in putting its students in jail.

Continue reading “Mississippi’s Policy of Matriculation Through Incarceration”

Taunt First, Trial Afterwards: Texas Judge Goes To Facebook To Disclose Ticketing Of Texas A&M Football Star

250px-Johnny_Manziel_in_Kyle_FieldMunicipal court judge Lee Johnson in Ennis, Texas, is the latest public official to rush to Facebook like a teenager on a tear. Johnson breathlessly reported that a “certain unnamed (very) recent Heisman Trophy winner” had been ticketed in his jurisdiction — an obvious reference to Texas A&M quarterback and Heisman winner Johnny Manziel. Johnson then wrote “I meant to say ‘allegedly’ speeding, my bad.” It was striking that Johnson thought the problem was not saying allegedly as opposed to his turning into some form of judicial paparazzi.

Continue reading “Taunt First, Trial Afterwards: Texas Judge Goes To Facebook To Disclose Ticketing Of Texas A&M Football Star”