Category: Criminal law

Urine A Lot Of Trouble: California Man Arrested For Burglary For Failure To Flush

Burglar_Bathroom_Break_44480It appears that poor manners comes with some particularly high costs forAndrew David Jensen, 42.  After a burglary in Thousand Oaks, police found that the burglar had used the toilet without flushing.  That meant a bowl full of DNA which the police used to identify Jensen from the DNA data bank.

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NPR Under Fire For Calling Woman A Rape “Survivor” Despite Settlement In Favor Of The Accused Columbia Student

NPRLogoWe recently discussed the case of Emma Sulkowicz who gained fame as the “Mattress Girl” for her protest about the handling of her alleged rape by another Columbia student. Columbia not only cleared the male student,Paul Nungesser, of charges but the police refused to bring criminal charges.  Columbia recently settled a civil action brought by the male student and reaffirmed that it found no evidence supporting discipline for sexual assault.  Now,  the Boston-based National Public Radio  station is under fire for a story byNPR correspondent Tovia Smith that continued to refer to Sulkowicz as a “survivor” despite the countervailing findings of the university under the lower “preponderance of the evidence” standard advocated by the Obama Administration. The reference also indicated that Nungesser had indeed raped her.  While the declination to punish Nungesser by the school or the declination to prosecute him does not mean that no rape occurred, it does show that there was insufficient evidence against Nungesser who has always maintained his innocence.

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Chinese Tourists Arrested For Doing Nazi Salutes In Front Of The Reichstag

480px-ReichstagsbrandWe have previously discussed the German laws barring certain expressions and symbols connected to Nazi Germany.  Germany like much of the West has continued to criminalize speech in a gradual erosion of free speech.  Most recently, the German police arrested two Chinese tourists for making illegal Hitler salutes in front of the Reichstag building that houses the German parliament. It was obviously a joke but in Germany it is a crime.  The problem is that most tourists will not assume that such a picture could be a crime because it is such a senseless denial of free speech.  It is ironic that the arrests would involve Chinese citizens who probably assumed that in the West they could enjoy free speech.

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California Department Under Fire After Video Shows Officer Pointing Gun At Couple For Nine Minutes On Routine Traffic Stop

There is a disturbing video of a Campbell, California police officer who points his gun at a man in a vehicle for nine minutes during a traffic stop despite the objections of the occupants that they had done nothing to warrant that level of threat.

  • Warning: the video contains foul language.

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Northwestern Professor Arrested For Murder With Alleged Accomplice

We recently discussed the arrest warrant issued for Wyndham Lathem and Oxford University Andrew Warren for the murder of Trenton Cornell-Duranleau, 26.  They have now been arrested.  Lathem, 42, who reportedly left a video of apology for his “big mistake” to his family back in Chicago, reportedly turned himself in in Oakland, California after fleeing with Warren, 56.  Warren surrendered in San Francisco.

 

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Trump Administration Hit With New Leak Of Transcripts Of Trump’s Call To the Mexican and Australian Leaders

donald_trump_president-elect_portrait_croppedToday Attorney General Jeff Sessions is expected to discuss a new leak crackdown, but he will have to deal with questions raised by one of the most massive leaks in recent memory. Someone has leaked the entire transcripts of two heated January phone calls  with Mexican President Enrique Peña Nieto and Australian Prime Minister Malcolm Turnbull.  The conversations are deeply embarrassing for the Administration because they directly contradict statements made by Trump to the public.  These transcripts would also be likely classified, making their release a federal offense.

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Eight-Six Percent Of Voters Favor Some Form of Legalization of Marijuana . . . But Sessions Is Reportedly About To Announce A Crackdown

jeff_sessions_official_portraitOne would think that with President Donald Trump at record low polling in the 30s  (and  Congress with even lower polling around 10 percent favorability), the Administration would not be struggling to find a cause further irritate the American public.  However, Attorney General Jeff Sessions appears on the brink of doing just that.  Despite many states either legalizing or moving to legalize marijuana, Sessions is expected to announce a new crackdown on the multi-billion industry.  Not only will the crackdown threaten billions in taxes now collected by these states, but it will contravene the wishes of roughly half of the population. Indeed, according to the  latest Harvard-Harris survey 86 percent of Americans now support either legalizing pot for either recreational or medicinal use or both.  Indeed, 49 percent want pot legalized outright for recreational use.  The Administration however is about to go on a direct collision course with many states — including red states — that has legalized marijuana.

 

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Fugitive Contacts Police To Object To “Unflattering” Mugshot On Wanted Posters

_97177265_swpIn Great Britain,Wayne Esmonde, 35, is a bit put out.  The fugitive is beside himself over the mugshot being posted in the search. The picture is distinctly “unflattering” in his view and he has asked that it be discarded by police.

 

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Gambino-Lite: Accusing Trump Of A Half-Truth Does Not Constitute A Whole Crime

donald_trump_president-elect_portrait_croppedBelow is my column in The Hill Newspaper on the most recent allegation of criminal conduct by President Donald Trump or his family.  Added to the ever-lengthening list of clear crimes is now witness tampering despite the fact that it does not come close to any prior definition of that crime.  Both Professor Lawrence Tribe and CNN Legal Analyst Norm Eisen (Eisen previously said that Trump’s conversations with James Comey could constitute witness tampering) have claimed that Trump’s dictating or contributing to the statement of his son, Donald Jr., on the Russian meeting establishes the basis for such a charge.  I obviously disagree.

Here is the column.

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Chicago Police Issue Warrant To Arrest Northwestern Professor For Murder

Lathem_150-1An arrest warrant was issued Monday for Northwestern Prof. Wyndham Lathem, 42, in connection with the stabbing death of Trenton Cornell-Duranleau, 26, a cosmetologist from Michigan.  Police are also seeking University of Oxford employee Andrew Warren, 56.  The stabbing occurred at Lathem’s address and Cornell-Duranleau’s body showed lacerations.

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DEA Head Repudiates Trump’s Comments Encouraging The Abuse Of Suspects

Chuck_RosenbergIn a remarkable departure from his own Chief Executive, the acting head of the Drug Enforcement Agency Chuck Rosenberg has repudiated the remarks of President Donald Trump that encouraged law enforcement officers to abuse criminal suspects.  We previously discussed those irresponsible remarks.  While the White House dismissed questions from reporters by saying that the President was just joking, it did not explain why the President would think it was funny to harm suspects or what message such a joke sends to law enforcement after assuring them that “we have your back.”  Rosenberg told DEA officers that the President was condoning police misconduct and that he would not.

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Wash Post: Trump Personally Dictated Misleading Public Statement Of Trump Jr. On Russian Meeting

 

220px-Washington_Post_buildingdonald_trump_president-elect_portrait_croppedThe Washington Post is reporting that President Donald Trump personally dictated the misleading statement issued by Donald Trump Jr. about his meeting with a Russian leader — a meeting that was expressly set up to received damaging information from the Russian government on Hillary Clinton.  The report that the President became personally involved in the statement — which inaccurately portrayed the meeting — is yet another example of an operation that has stumbled through scandal after scandal.  Where most Administrations would have actively insulated the President from any role in the statement, Trump directed events and dictated the four-line statement that would be issued by his son.

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Trump Calls On Police To Be Rougher In Handling Suspects In Speech Denounced By Police Organizations

Controversial statements by President Donald Trump in the past have often been treated by his supporters as hyperbole or not to be taken strictly or even seriously.  However, a speech last Friday had some particularly chilling elements for anyone who believes in the rule of the law.  Trump was speaking to law enforcement officers and urged them not to be “too nice” to suspected criminals and gang members.  He further seemed to encourage intentional acts of harm and abuse in the handling of prisoners. The comments were irresponsible and should be be corrected by the White House.  We recently discussed Trump’s praise for Philippine President Rodrigo Duterte, who has bragged about extrajudicial killings and encouraged police abuse.  This is obviously not that extreme but it is still highly disturbing in a speech where the President has pledged that “We have your backs 100 percent” while encouraging them to be rough in handling of suspects. His comments have led to police organizations publicly rejecting the comments and assuring the public that they will not engage in such conduct.

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Michigan Supreme Court Rules That Police Can Charge Man For Drunk Driving On His Own Driveway

There is an interesting case out of Michigan where the Michigan Supreme Court ruled that a man can be charged with driving while intoxicated on his own private driveway.  The case against Gino Rea of Northville was reinstated in this decision (PDF) after the court found that the law encompasses any area accessible to motor vehicles, even if it is on private property.

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Oregon Case Renews Debate Over Sanctuary Laws

Sergio_Jose_Martinez_31_1501021110440_10127549_ver1.0The case of Sergio Jose Martinez, 31, in Portland, Oregon is likely to magnify the current debate over sanctuary cities.  Martinez broke into the home of a 65-year-old woman and sexual assaulted her. He then stole her car and proceeded to assault another woman.  He was finally arrested after a chase by police. It was discovered that Martinez was previously arrested and, despite a long criminal history and an immigration detainer, was released by authorities.  He has been deported 20 previous times and has at least five probation violations.

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