Category: Criminal law

Pacemaker Data Used To Charge Alleged Arsonist

By Darren Smith, Weekend Contributor

placemaker-implant-heartWe have now another novel example concerning the use of seemingly private data being used against criminal defendants and potentially in the future other members of the public.

A Middletown, Ohio homeowner is accused in the arson of his own home, reportedly causing four hundred thousand dollars in damage and the loss of a personal pet. Arson investigators became suspicious about the cause of the fire from inconsistent statements made along with finding multiple origins of the fire. Police retrieved the recording of the 9-1-1 call the defendant made reporting the conflagration. During this he made mention of having an “artificial heart.” But what probably seemed ordinary for the defendant led to a trove of information used as incriminating data.

His pacemaker telemetry data became a source of incriminating evidence.

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Dairy Queen Supervisor Charged With Manslaughter After Suicide By Teenager

aamwy0pThere is a novel criminal case in Missouri where the supervisor of a Dairy Queen has been charged with manslaughter in the suicide of Kenneth Suttner, 17.  Suttner lived a tragic life — tormented by bullies about his weight and his speech impediment.  He finally could not take anymore of the abuse and on December 21 took his own life.  It is horrific to think of all of the people who made this boy’s life such a living hell.  However, the criminal charge against Harley Branham is problematic in seeking to hold her criminally liable in a suicide case.

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London Teacher Posed As Sexually Abused Girl To Falsely Accuse Colleague Of Pedophilia

stream_imgSheena Boll, 35, has been found guilty of a rather bizarre crime in London.  The teacher posed as a sexual abused 14-yer-old student to implicate a colleague of pedophilia.  In her underaged persona, Boll told police that she was sexually assaulted by the teacher.  The police responded with a full investigation that led them back to the faux 14-year-old victim.

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Giuliani: Trump Told Me He Wanted A “Muslim Ban”

rudy_giuliani_by_gage_skidmoreThe Trump Administration has maintained that the new executive order on refugees is not a Muslim ban.  It is a compelling argument given the fact that only seven Muslim countries are singled out.  Yet, Administration lawyers will have to deal with countervailing statements from President Trump that he wants to give preference to Christians as refugees.  Now Former New York City Mayor Rudy Giuliani (R), a close confidant to President Trump, may have magnified the problems with an interview where he discusses how President Trump asked him to craft “Muslim ban.” 

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“Trump Is Here Now”: Massachusetts Man Arrested After Assaulting Muslim Delta Worker

220px-2010-07-15_B767_Delta_N1611B_EDDF_04Another incident has captured the growing hate exhibited on both sides of the widening political rift in this country.  Robin A Rhodes, the president of Nitrofreeze Cryogenic Solutions (a metals company based in Worcester) is accused of a vile attack on a Delta employee due to her Muslim faith  Rhodes allegedly abused Rabeeya Khan in the Delta Air Line Sky Club and kicked her. He also is quoted as declaring “Trump is here now” and “he will get rid of all of you.”

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Ohio Father and Son Demand To Use Bible As Defense To Alleged Serial Rape and Kidnapping Charges

Texas Governor Moves Against Sanctuary County

440px-greg_abbott_by_gage_skidmore11056546_814772561936445_7014694705004167086_oI have been discussing the likely confrontation between the Trump Administration and various “sanctuary cities” which have pledged not to cooperate with federal authorities in the deportation of illegal immigrants. I believe that cities like New York City will face a rude awakening when they calculate just how much they received in federal grants that could be withheld by Attorney General Jeff Sessions or the Administration. Now that scenario is playing out in Texas where Gov. Greg Abbott is threatening to cut funding for Travis County after Sheriff Sally Hernandez announced the county would be scaling back its cooperation with federal immigration. Hernandez could trigger a perfect storm of having both state and federal fundings cut back in a county that is deeply dependent on such funding.

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Illegal Immigrant Sues San Francisco Police For Assisting Federal Officials In His Prosecution

Seal_of_San_FranciscoThere is an interesting case out of San Francisco where an illegal immigrant from El Salvador is suing San Francisco after police turned him over to United States Immigration authorities. Pedro Figueroa Zarceno, 32, alleges that the police violated the law by helping the federal authorities in the enforcement of the law. He relies on the controversial municipal law barring municipal employees from cooperating with federal immigration authorities seeking to deport a person.

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Res ipsa loquitur – The thing itself speaks