There is an interesting ruling out of Manhattan where Manhattan Supreme Court Justice Matthew Cooper has allowed nurse Ellanora Baidoo to serve her elusive husband, Victor Sena Blood-Dzraku (left), with divorce papers via a Facebook message due to her husband’s lack of a current address. Cooper noted in his opinion: “The past decade has also seen the advent and ascendency of social media, with websites such as Facebook and Twitter occupying a central place in the lives of so many
people. Thus, it would appear that the next frontier in the developing law of the service of process over the internet is the use of social media sites as forums through which a summons can be delivered.”
Category: Lawyering
There is an interesting case out of Pennsylvania where a former partner at a Pennsylvania law firm and former county bar association president has been revealed as never having attended law school. Kimberly Kitchen, 45, allegedly forged her law license as well as her bar examination results and her attendance at Duquesne University. Kitchen is now facing criminal charges, though some have objected that she is being let off lightly.
The Bergdahl case will raise some considerable challenges for the defense in what could be one of the most notable desertion cases in modern U.S. history. That is, if it goes to trial. This would seem a case where everyone may prefer a plea. The evidence is strong against Bergdahl, though there is clearly a great deal of evidence that has yet to be released. Cases always appear stronger for the government at the time of indictment. However, what we know is pretty bad for the defense. On the other side, the Obama Administration would clearly prefer a plea to a trial that would highlight Bergdahl’s actions and the possible loss of U.S. personnel looking for a deserter (who was later traded for five blood-soaked Taliban leaders with terrorist ties). Such issues would be obvious for prosecutors to raise when discussing the appropriate punishment, if Bergdahl is convicted. However, it could be an argument that the Administration would not want pursued by prosecutors. While such interference is prohibited as “command influence” on a military case, there have been allegations of such influence in past high-profile cases, including controversies in this Administration. In this case, the pressure is likely to be considerable for prosecutors to accept a plea, though such a plea could fuel previously accusations that the case was being manipulated to avoid embarrassment for the Administration.
Below is the longer version of my column that ran in print this morning in USA Today.
Continue reading “The Bergdahl Trial: A Desertion Trial In Search of A Defense”
Today we have been discussing the call for disbarment against a California attorney for seeking an anti-Gay measure for the state ballot. In Texas, you have another attorney who has attracted controversy over stickers on local businesses reading “exclusively for white people.” The shirtless Adam Reposa is seen in a video defending the campaign. [Warning this story contains foul language]
Attorney Matt McLaughlin, an attorney in Huntington Beach, California, is facing a call for disbarment after he filed for a statewide resolution that would legalize the execution of gay people and make it a crime to support gay rights in the state. Anyone can file such papers and, for just $200, force the attorney general to prepare a title and a summary for the proposed new law. The question is whether this despicable act can or should be used for a bar action as conduct that shows that he is not of “good moral character.”
We have often discussed how prosecutors rarely are held accountable for botched trials due to misconduct or sending innocent people to jail. There remains a body count mentality with many prosecutors that tends to fuel such violations. One former prosecutor has proven the exception, however. Attorney A.M. Stroud III has written a letter, later published in the Shreveport Times, that took responsibility for sending away Glenn Ford (left) for the 1983 murder of Isodore Rozeman, a Shreveport jeweler — a murder he did not commit. Stroud’s letter expressed shame with his own conduct as a prosecutor and further called for an end to the death penalty in Louisiana.
This morning I will be testifying in the House of Representatives before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary. The hearing is entitled “Child Exploitation Restitution Following the Paroline Decision” and addresses a long-standing controversy over the limits on restitution in such cases. My testimony is below.
Continue reading “Turley Testifies Before House Committee On Restitution For Child Pornography”
There is an old criminal defense saying that “one day on the cover of Time, next day doing Time.” That appears to hold for Robert A. Durst, who recently agreed to be interviewed for a documentary for HBO, “The Jinx: The Life and Deaths of Robert Durst,” on his suspicion for the murder of his wife and two other people. The producers uncovered new evidence and Durst was arrested in New Orleans after checking into a hotel under an assumed name.
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
The Obama Administration has been pressuring members of Congress to pass the bill that will give President Obama the “fast track” authority to negotiate the Trans-Pacific Partnership(TPP) agreement without any debate in Congress. Fast track authority would not allow for any amendments and the bill would remain secret until just before it is voted on.
“President Obama is currently pressing members of Congress to pass Fast-Track authority for a trade and investment agreement called the Trans-Pacific Partnership (TPP). If Fast Track passes, it means that Congress must approve or deny the TPP with minimal debate and no amendments. Astonishingly, our lawmakers have not seen the agreement they are being asked to expedite.” Nation of Change Continue reading “If The TPP is Such a Great Idea, Why Keep it a Secret?”
Judge Amy Salerno of Franklin County, Ohio has been reprimand for a serious breach of judicial ethics. Salerno lashed out at jurors after they acquitted a defendant and said that it was a “slam dunk” case. Salerno was ranked as the worst judge in the Columbus Bar Association survey in 2007, 2009, 2011, and 2013. She appears intent on continuing her ignoble distinction. We previously discussed the case.
Continue reading “Ohio Judge Reprimanded After Berating Jurors For Acquitting Criminal Defendant”
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
A few weeks ago, I wrote about the massive cuts to education and programs for the poor by the new Governor of Illinois, Bruce Rauner. In that article, I mentioned that Gov. Rauner seemed to be parroting the budget methods of Governor Brownback in Kansas and Gov. Walker in Wisconsin, both of whose state economies have been floundering under their respective austerity programs.
Well, it seems that in Wisconsin, Gov. Scott Walker has gone even farther in his attempts to balance the budget on the backs of the middle class by proposing massive cuts to the Department of Natural Resources, while attempting to wrest control of various agencies from the public domain and capturing them in the Executive branch of government. Continue reading “Cutting the Great Outdoors of Wisconsin, Along With Everything Else!”
Kyle Arnold, 42, knows a thing or two about multitasking. Arnold was waiting to finalize his plea bargain for misdemeanor simple assault and reckless endangerment. He allegedly spotted the girlfriend of another defendant and decided to pose as an attorney and bilk her out of $1,300.
Respectfully submitted by Lawrence E. Rafferty, (rafflaw) Weekend Contributor
British banking giant, HSBC reached an agreement in 2012 with the Department of Justice that kept it from being hauled in to court on criminal charges due to its systemic assistance in laundering money for drug cartels and allegedly terrorists. HSBC, with its Hong Kong headquarters shown above, is now in trouble again for alleged problems prior to the settlement agreement in 2012.
“The US Department of Justice is considering bringing criminal charges against HSBC and its executives as part of its investigation into whether the bank’s Swiss subsidiary helped US clients evade taxes.
Democratic senator Elizabeth Warren called on prosecutors to “come down hard” on HSBC if the bank is found to have colluded with tax evaders on Tuesday.
Her intervention came as US government officials with knowledge of the DoJ’s investigation provided the Guardian with new details about the inquiry.
Renewed focus has been placed on the long-running investigation into HSBC Switzerland by the department, after a huge leak of secret bank data – passed to the DOJ’s tax division almost five years ago – was obtained by the Guardian and other media.
It shows that HSBC Switzerland helped some clients conceal millions of undeclared assets, and has immediately raised questions on Capitol Hill about the response from prosecutors and tax authorities. US government officials said the investigation is not merely looking at HSBC’s US clients, and could also result in criminal indictments against the bank itself. “That has not been ruled out,” one official said, when asked if HSBC or its executives could be criminally indicted. “It is certainly something that is under consideration.” ‘ Reader Supported News Continue reading “Will HSBC Be Too Big To Jail…Again?”
There are some people who really do not need counsel. Eighty-year-old Dolores Sheinis entirely charms Judge John Hurley in the course of setting a home monitoring condition and protective order.
Continue reading “Florida 80-Year-Old Woman Charms Judge and Courtroom Impromptu “Stand Up Routine””
There is a growing scandal in the Bronx that has led to the resignation of two legal aid attorneys (Ryan Napoli and Kumar Rao) and calls for the defunding of Bronx Defenders, an organization that represents over 35,000 indigent persons each year under a $20 million annual contract with the city. The controversy erupted after the release of the video below entitled “Hands Up” featuring a popular rap artist and noting sponsorship and participation by the Bronx Defenders. The video includes repeated images to two African-American men about to shoot a white police officer and lyrics call for the shooting of police officers.