One of the longest standing complaints among criminal defense attorneys is that the government often goes ballistic when a defense attorney makes public statements in support of his or her client. Judges often hammer private counsel under increasingly harsh gag orders. Yet, the government routinely influences cases by leaking information that could only come from the prosecutors or investigators on the case. This problem is even more acute in high-profile cases like that of Richard Jewell and my former client Dr. Thomas Butler, where leaks were used to target innocent men to try to force them to plead. Now, like clockwork, the Justice Department has again started the leak war in the case of alleged mobster James “Whitey” Bulger. However, the judge has simply asked the Justice Department for a “plan” on how to stop the leaks. If this were a private firm, there would be a contempt hearing.
Category: Criminal law
In yet another merging of Barack Obama with George W. Bush, the Obama Justice Department has declared that it believes that it can (and may) prosecute licensed growers and dispensaries in medical marijuana states for violating federal drug and money-laundering laws. The position came from U.S. Deputy Attorney General James Cole who rejected claims that a 2009 memo by then-Deputy Attorney General David Ogden gave states some protection from prosecution.
Continue reading “Obama Administration Adopts Bush Anti-Medical Marijuana Stance”
Michigan has implemented some sweeping changes to the role of jurors and judges in trials, including allowing jury to ask questions of witnesses. I have some reservations about the changes below, but I am most concerned over the ability of judges to summarize the evidence. This could invite considerable bias and influence into trials.
Continue reading “MIchigan Implements New Changes In Role Of Jury and Judge In Trials”
In Jacksonville, Florida, a decorated Army combat photographer has been arrested and is facing 10 years in jail for checking a wrong box on a passport application. Elisha Dawkins’ crime was merely checking a box “no” for the question, “Have you ever applied before?”
Continue reading “Decorated Combat Photographer Arrested For Checking Wrong Box On Passport”
It appears that the insatiable demands of cell phone batteries have claimed another victim. Recently, we saw a Florida lawyer arrested for charging his cellphone in a neighbor’s motor home. Now, in Maine, Shaun Fawster, 23, a homeless man has been arrested because a Bangor police officer spotted him using an outside outlet to charge his phones.
Continue reading “Bangor Police Arrest Homeless Man For Charging Cellphone At Outdoor Outlet”
A French woman has brought charges against the controversial and secretive Catholic society Opus Dei, alleging that she was brainwashed into working as a domestic servant with virtually no pay. This would have been the story line if Silas had simply sued Bishop Aringarosa in The Da Vinci Code.
Continue reading “Opus Dei in Court”
We previously thought that we saw a unique breast milk assault case, but we were wrong. The Delaware County sheriff’s office this weekend arrested Stephanie Robinette, 30, at a wedding banquet hall and charged her with attacking deputies with her breast milk. Robinette is an elementary school teacher at Summit Academy, a school that specializes in dealing with children with autism, ADHD and other disorders.
Continue reading “Got Milk? Delaware Woman Charged With Breast Milk Assault”
A Houston driver appears to have an instant solution to satisfying HOV requirements — after hitting a stranded motorist, the driver allegedly continued to drive with the dead victim in the passenger seat next to him.
One of my colleagues sent me this incredible story. This is judge Douglas Gummo, 42, who was arrested after allegedly appearing naked in a bed sheet at a female judge’s hotel room door and demanding to be let in. The Huntingdon County District Magistrate has been charged with public drunkenness, disorderly conduct and harassment.
Egyptian telecom businessman Naguib Sawiris is being sued in various lawsuits for “religious contempt” because of a simple cartoon showing Mickey Mouse with a beard and Minnie Mouse with a veil. Sawiris is a Christian secularist and was making a joke. However, an Islamic group called the Salafis has led a campaign against him for insulting Islam and demands for prosecution.
Attorney Brian Kammer has called for the suspension of further lethal injections in Georgia after he said the execution of his client, Roy Blankenship, was botched with the use of an untested animal tranquilizer.
Continue reading “Attorney Calls For Cessation Of Lethal Injection After Use of Animal Tranquilizer Allegedly Lead To Botched Execution”
North Carolina prosecutor Eric Bellas, 45, has been placed on administrative leave and removed from the high-profile murder case of Zahra Baker following his arrest this month. What is strange is the charge: drunken bicycling. I do not wish to make light of drunken bicycling, but is it really such a crime that warrants removal from a murder case?
Continue reading “North Carolina Prosecutor Removed From High-Profile Murder Case After Being Arrested For Drunken Bicycling”
When an eleven-year-old boy was hit by her car, driver Brittany Gonzales, 21, reportedly did not just drive on like she didn’t care. According to witnesses, Gonzales stopped and got out of her car. Unfortunately, she simply retrieved her hubcap and proceeded to drive away — leaving the boy in the road.
Continue reading “Colorado Woman Allegedly Hits Boy on Bike, Stops Car To Retrieve Hub Cap, Leaves Boy In Road”
Submitted by Elaine Magliaro, Guest Blogger
I’ve lived in the Boston area all my life. I, therefore, have read a lot of news stories about the Bulger brothers—Billy, a once powerful politician, and Whitey, the
fugitive mobster who had been “evading” capture by the FBI since 1995. Both my husband and I were astonished when we heard the news that Whitey Bulger had finally been arrested by the FBI in Santa Monica, California, a few days ago. We have doubted for a long time that the FBI seriously wanted to find Whitey. After all, agents at the Bureau had once looked the other way when the mob boss committed serious crimes–including murder–while he was serving as an informant for them.
Submitted by Mark Esposito, Guest Blogger
The bedrock of modern Western jurisprudence is the supposition that we are free to choose our actions from a range of choices. Some of these choices are socially acceptable and we deem them “legal.” Other choices made in specified contexts are socially unacceptable, and we deem these “illegal.” For those extremely unacceptable actions denominated as “crimes” we reserve progressive punishments to deter their occurrence. Gratuitous violence is one of the most important of these condemned actions, and we have striven for centuries to overcome this endemic feature of our nature. The basic assumption being that we can deter conduct that is the product of free will by imposing undesirable consequences on the actor. How have we done? I suppose the obvious answer is that despite a multitude of approaches ranging from severe punishment to compassionate rehabilitation, we haven’t yet mastered a way to banish senseless violence from our midst. Perhaps it is time to question that basic assumption that violence is purely volitional conduct.
Continue reading “When “Gage Is Not Gage”: Neuroscience And The Law’s Assumption of Free Will”