Category: Criminal law

Missouri Prosecutors Condition Dropping Of Charges Against Greitens On His Promising Not To Sue Them

Eric_Greitens_2011-7The resignation of Missouri Gov. Eric Greitens is little surprise given the myriad of criminal charges brought against him for sexual misconduct and campaign violations. This resignation comes after St. Louis Circuit Attorney Kim Gardner dismissed a felony charge accusing Greitens for allegedly tampering with computer data involving the donor list of a veterans’ charity he founded. What stood out in the agreement with Gardner was a condition that I have always found problematic and should be barred under state law: a promise not to sue Gardner or her office.  Greitens offered to resign as a condition for the settlement. Continue reading “Missouri Prosecutors Condition Dropping Of Charges Against Greitens On His Promising Not To Sue Them”

The Third Option: Rather Than Pick Sides, The Public Can Pick The Truth

440px-Official_Portrait_of_President_Donald_Trumpsally_q-_yatesBelow is my column in the Hill newspaper on the decision to investigate the alleged informant targeting Trump associations and the criticism from former Acting Attorney General Sally Yates.  As noted below, I believe that Deputy Attorney General Rod Rosenstein did the right thing in referring this issue to the Inspector General for investigation.  That does not mean that a finding of wrongdoing is likely. To the contrary, my expectation is that the use of the informant will be viewed as appropriate absent additional unknown facts. However, as this piece discusses, there is a strong public interest in resolving this question either way.

Here is the column:

Continue reading “The Third Option: Rather Than Pick Sides, The Public Can Pick The Truth”

Florida Lawyer Disbarred After Offering Lower Fees For Sexual Relations

BLACKBURN-678x381The Florida Supreme Court on Thursday unanimously decided to disbar attorney Anthony Wayne Blackburn this week and the result would seem inevitable given the accusations against Blackburn of trading lower fees for sex with two incarcerated women.  What is surprising is that the Florida bar actually wanted only to suspend Blackburn for the misconduct, a shockingly low penalty for an attorney accused of a shocking abuse of the attorney-client relationship. Continue reading “Florida Lawyer Disbarred After Offering Lower Fees For Sexual Relations”

GWU Sued For Refusing Appeal In Sexual Assault Case Despite Allegations of False Testimony

150px-gwulogoGeorge Washington University is embroiled in a federal challenge against its handling of a case by one of our students accused of sexual assault.  The case raises troubling questions of the school’s actions following the disclosure of alleged false statements by an accuser.  Many years ago, I wrote a letter to the GW faculty objecting to changes in our rules governing the investigation and adjudication of sexual harassment and assault cases.  Like many universities during the Obama Administration, GW was reducing protections for students accused of such misconduct under pressure from the Department of Education (here and here),  Now, a “John Doe” has raised some of those very concerns in the alleged refusal of the school to allow an appeal in his case following the discovery of potentially exculpatory evidence. Continue reading “GWU Sued For Refusing Appeal In Sexual Assault Case Despite Allegations of False Testimony”

Virginia Man Puts Copyright Claim To Video Allegedly Molesting Two-Year-Old Boy

5b02fc9768aba.imageIt appears that Dashawn Webster, 22, may have been more concerned with complying with copyright laws than the criminal code.  Webster is accused of adding a “copyright” to images of him allegedly molesting a 2-year-old boy.  The Portsmouth, Virginia man also allegedly added his own name to the movie.

Continue reading “Virginia Man Puts Copyright Claim To Video Allegedly Molesting Two-Year-Old Boy”

“If It’s Not The Light One, It’s Not The Right One”: Connecticut Man Acquitted After Exposing Himself In Court

download-1Connecticut was the scene of a bizarre physical demonstration in a criminal case where Desmond James, 26, was accused three counts of sexual assault.  Since his accuser said that the rapist was a black man whose member was lighter than the rest of his skin, James elected to expose himself to the jury to show that he was not the man despite being picked out in a lineup by the victim.  It worked. The jury acquitted him.

Continue reading ““If It’s Not The Light One, It’s Not The Right One”: Connecticut Man Acquitted After Exposing Himself In Court”

Doctor Featured In Videos Dancing to Hip Hop In Surgeries Accused Of Leaving Patient With Permanent Brain Damage

Youtube screenshotDr. Windell Davis Boutte loves to post videos of herslf dancing around patients to hip-hop tunes like the video below.  Patients however are suing over what they say is her lack of attention and expertise in doing cosmetic surgeries once the dancing stops.  Indeed, one such tummy tuck left a bride with permanent brain damage. Continue reading “Doctor Featured In Videos Dancing to Hip Hop In Surgeries Accused Of Leaving Patient With Permanent Brain Damage”

Justice Delayed Is Justice: Mueller Fights To Delay Russian Collusion Trial

440px-Director_Robert_S._Mueller-_IIIThere is an old joke among criminal defense attorneys that “justice delayed is justice,” a twist of the old adage that “justice delayed is justice denied.”  The joke reflects that fact that the defense almost always benefits from the passage of time and it is the prosecution that often pushes for earlier trial debates to deny the defense enough time to absorb and address evidence. That is not the case with Special Counsel Robert Mueller who has asked federal Judge Dabney L. Friedrich to deny a speedy trial motion and delay any trial of 13 Russians and three Russian companies for efforts to influence the 2016 election. The effort reflects problems in Mueller’s matinee case, including the allegation that he has charged a company that did not exist at the time of the alleged offenses.

 

Continue reading “Justice Delayed Is Justice: Mueller Fights To Delay Russian Collusion Trial”

I Am The Walrus: Three Key Questions In The Investigation Of The Role Of Cambridge Professor Stefan Halper

Walrus
Courtesy of National Park Service

Below is my column in The Hill newspaper on the key questions that need to be answered in relation to controversial role of Cambridge Professor Stefan Halper.  Called the Walrus, Halper has not given even a “Goo goo g’joob” to media on the details of his past role with the FBI.

Here is the column: Continue reading “I Am The Walrus: Three Key Questions In The Investigation Of The Role Of Cambridge Professor Stefan Halper”

Florida Man Arrested For Yelling The Facts Of Life To Children From Atop Playground Equipment

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Otis Dawayne Ryan, 30, has a curious idea of family planning education classes.  The Florida man was arrested in Clearwater Beach at a playground after he climbed atop a piece of equipment at a Clearwater Beach playground Sunday and yelled at a bunch of children in the area about where babies come from.

Continue reading “Florida Man Arrested For Yelling The Facts Of Life To Children From Atop Playground Equipment”

Cohen Business Associate Flips and Agrees To Cooperate With Prosecutors [Updated]

EDCSBXWDGIE7FC7LWYPWRIRFXYMultiple defendant cases often resemble a lethal form of musical chairs as targets grab deals — leaving the loser still standing to face a full array of charges and cooperating witnesses.  Trump former counsel Michael D. Cohen must be feeling like the music is about to stop after his close business associate Evgeny A. Freidman decided to take a deal from prosecutors.  Freidman may be the only figure who could compete with Cohen on the higher Richter scale of sleaze. Update: Cohen denies that Freidman was ever this “partner” but does not address prior associations.

Continue reading “Cohen Business Associate Flips and Agrees To Cooperate With Prosecutors [Updated]”

What Seems To Be The Problem, Officer? Three New Hampshire Men Arrested Trying To Steal 25-Foot Shed

Maine State Police troopers had little trouble spotting alleged thieves on Sunday. They responded to a caller who reported that a shed was being stolen. The police soon found Matthew Thompson of Lebanon, Timothy James of Pembroke, New Hampshire, and Robert Breton of Milton, New Hampshire towing a 25-foot shed down the road behind their pickup truck.

Continue reading “What Seems To Be The Problem, Officer? Three New Hampshire Men Arrested Trying To Steal 25-Foot Shed”

With New Referral To The Inspector General: The FBI Finds Itself Caught In A Crossfire Hurricane

2560px-Hurricane_Isabel_from_ISSBelow is my column in the Hill Newspaper on newly released information on the use of an informant against Trump officials as well as other details stemming from Operation Crossfire Hurricane.  The disclosures appear to confirm in large part the allegations made by President Donald Trump at the beginning of his Administration.  While denied at the time, it does now appear that campaign officials were surveilled and investigated.  Deputy  Attorney General Rod Rosenstein has now referred the allegation to the Inspector General for further investigation.  That is a belated but correct decision in light of the troubling implications raised by this new evidence.

Here is the column:

Continue reading “With New Referral To The Inspector General: The FBI Finds Itself Caught In A Crossfire Hurricane”