Category: Criminal law

Deadly Tiger Attack Now Crime Case as Police Investigate Possible Human Involvement in Release

The deadly tiger attack in San Francisco has become more sinister as experts reject a claim by a Zoo officials that the Siberian Tiger leap out of his enclosure.  Human involvement would complicate the case against the Zoo, though a human release could cut both for and against greater liability for the Zoo.  Continue reading “Deadly Tiger Attack Now Crime Case as Police Investigate Possible Human Involvement in Release”

Inmate Fights for His Second Amendment Right to Own a Gun

Damon Lucky is hardly the poster boy that the N.R.A. is looking for as the critical constitutional case for the Second Amendment goes to the Supreme Court. As gun owners seek to show that the Second Amendment is an individual right, Lucky wants a federal court to declare that the individual right extends to ex-felons — striking down the common rule that ex-felons lose their right to gun ownership or possession. Continue reading “Inmate Fights for His Second Amendment Right to Own a Gun”

Florida Prosecutors Decide Not to Charge Charge Thief in Deaths of Two Officers Killed by A Fellow Pursuing Officer

The Florida prosecutors made a difficult but correct decision this week in agreeing not to charge Ernie Daley, Jr., 19, for the deaths of two officers who were killed by a pursuing fellow officer. Continue reading “Florida Prosecutors Decide Not to Charge Charge Thief in Deaths of Two Officers Killed by A Fellow Pursuing Officer”

Federal Snitch Frames Innocent Man to Avoid Prosecution

The federal government has long used a controversial “catch and release” system of snitches where it arrests citizens, threatens huge sentences for drugs, and then coerces them into trapping other citizens to reduce the sentence. It is a system designed to inflate arrest figures for local U.S. Attorneys, but it can also lead to get abuses. This was the case recently with one snitch, Tina Rivard, 40, who pleaded guilty to framing an innocent man to avoid jail. Continue reading “Federal Snitch Frames Innocent Man to Avoid Prosecution”

Juror in John White Case Claims Coercion From Judge and Jurors was Responsible for Changing His Vote to Guilty

In a remarkable development, a white juror in a racially controversial murder case has gone public with a claim that he felt pressured by the judge and fellow jurors to convict John White, a black man found guily of killing a white teen, Daniel Cicciaro.  It is a claim that is likely to produce more of a  political and social response than a legal response.  If the juror, Francois Larche, yielded to such pressure he failed to uphold his oath and will have little recourse in trying to take back his vote.  Continue reading “Juror in John White Case Claims Coercion From Judge and Jurors was Responsible for Changing His Vote to Guilty”

Christmas Do and Don’ts: Giving Liver (Good); Opening Gift Early (Bad)

Lessons of the holiday abound. On the nice list is Chad McMaster who gave part of his liver to his grandmother, Patricia Middleton. On the naughty list, is Misty Johnson who , 34, was arrested and charged with aggravated assault and battery after stabbing her husband in the chest for reportedly opening his gift early.   Then there is a spate of Santa gropings and attacks –which would go into the naughty category. Continue reading “Christmas Do and Don’ts: Giving Liver (Good); Opening Gift Early (Bad)”

9-11 Commission Specifically Requested Evidence Destroyed by the CIA — Staff Reviewing Possible Crimes in Denial

While the Bush Administration works to prevent anyone from investigating its own possible misconduct in the CIA tape scandal, the 9-11 Commission has already concluded that the Administration lied to its investigators and destroyed evidence specifically demanded by the Commission. Continue reading “9-11 Commission Specifically Requested Evidence Destroyed by the CIA — Staff Reviewing Possible Crimes in Denial”

Pit Bulls Go to Supreme Court: Are Breed-Specific Laws Unconstitutional?

In the last two decades, many cities have passed breed specific bans or limitations on dog owners. Pit bulls are the most common cited breed and one owner is now taking his dogs and his case to the Supreme Court. Paul Tellings likes his pit bulls and has challenged a Toledo law as baseless and biased. While the odds are against a grant of cert in the case, it would allow review of a highly controversial trend across the country. Continue reading “Pit Bulls Go to Supreme Court: Are Breed-Specific Laws Unconstitutional?”

Chilling Tape of Texas Homeowner Killing Two Men in Texas Re-Ignites National Debate over the Castle Doctrine and Make My Day Laws

With the conviction of John White in New York for the killing of a teen on his lawn and the possible indictment of Joe Horn in Texas for killing two burglars on his lawn, the national debate over the so-called Castle Doctrine or Make My Day laws is intensifying. Continue reading “Chilling Tape of Texas Homeowner Killing Two Men in Texas Re-Ignites National Debate over the Castle Doctrine and Make My Day Laws”

Castle Breached: Homeowner Convicted of Killing Teen on Lawn in Racially Charged New York Case

John White, an African American homeowner, claimed that he was merely protecting his home and his son from a racial attack when he shot Daniel Cicciaro in the face. A jury disagreed and convicted White, 54, of second-degree manslaughter. It is a case often cited in relation to the Castle Doctrine, allowing homeowners to repel invaders with lethal force — one of two current cases (with the Horn case in Texas) of shootings on the lawns of homeowners. Continue reading “Castle Breached: Homeowner Convicted of Killing Teen on Lawn in Racially Charged New York Case”

Federal Judge Appears to be Leaning Toward Bush Administration on Destroyed CIA Tapes

U.S. District Judge Henry H. Kennedy appears inclined to back off, at least for now, from inquiring into the destruction of tapes of CIA interrogations despite his order to preserve such evidence. This is not, however, the last word for Kennedy or other judges lining up on the issue. Continue reading “Federal Judge Appears to be Leaning Toward Bush Administration on Destroyed CIA Tapes”

N.Y. Attorney Accused in Witness Killing — and Running a Brothel

Paul Bergrin, a defense lawyer and former prosecutor, has been accused of going a bit too far in fulfilling his duty of zealous advocacy for his client: police believed that Bergrin encouraged the 2004 killing of Deshawn McCray. He is also accused of running a brothel with representatives from the oldest profession. Continue reading “N.Y. Attorney Accused in Witness Killing — and Running a Brothel”

Spears Pregnancy May Result in Television Special Rather than Criminal Charges

Hollywood appears ready to step into the controversy over the pregnancy of Jamie Lynn Spear in a truly signature way: it is ordering a special for television. While a debate rages over why this is being treated as an entertainment rather than criminal issue. Jamie Lynn’s 19-year-old boyfriend, Casey Aldridge, could be charged with statutory rape, carnal knowledge with a minor and even a Mann Act violation. Continue reading “Spears Pregnancy May Result in Television Special Rather than Criminal Charges”

Seven Staff Members Fired After Giving Teens Electric Shocks Following Prank Call

In one of the most bizarre stories of the year, staff members at the Judge Rotenberg Education Center in Boston received a prank call that ordered an excessive level of electric shock treatments for two two emotionally disturbed teenagers — and proceeded to do so based on the telephone call. Continue reading “Seven Staff Members Fired After Giving Teens Electric Shocks Following Prank Call”