There is an extraordinary story coming out of Georgia this week where two Murray County sheriff’s deputies pleaded guilty in federal court for their part in a scheme to frame a woman, Angela Garmley (left), after she accused Chief Magistrate Judge Bryant Cochran of soliciting sex from her in return to favorable treatment in her pending divorce case. Three other women have accused Cochran of such abuse.
Category: Lawyering
The video below is a highly disturbing scene from the courtroom of Clark County Hearings Master Patricia Doninger (right) in a family court case. The video shows Monica Contreras, 28, who complains that she was assaulted by a marshal in the room next to the courtroom under a pretext of a spontaneous drug search. Doninger entirely ignores her and does nothing as the marshals arrest her on the clearly abusive charge of “making false allegations about a police officer.” Doninger is shown playing with Contreras’ daughter. Internal Affairs is reportedly investigating a host of such allegations in the courthouse. Contreras is now suing the officer Ron Fox, a second officer, James Kenyon, and Doninger in a civil rights action. She has also named Clark County, Nevada, as a defendant.
The Guardian is reporting a scene that is both chilling and comical in Istanbul. Prime Minister Recep Tayyip Erdoğan has been warning protesters that his patience is running out and his police force are using gas and water cannons to clear areas of the city. As discussed earlier, the media has been virtually silent about the media in final proof of the death of a free press in the country. However, Western reporters were surprised by Turkish reporters and cameras were seen at the park and then learned why: the government was about to stage a fake riot.
Continue reading “Turkish Police Caught Staging Fake Riot By Protesters”
There is an extraordinary case of prosecutorial abuse out of Ohio where former Assistant County Prosecutor Aaron Brockler, 35, is mystified why he has been fired. Let’s see if you can spot the reason. Brockler was given a murder case in which he was told that the accused had two girlfriends as alibi witnesses. Brockler then proceeded to pose as a woman on Facebook and engage the women in chats about the accused. He told the women that he was the former girlfriend of the accused and had an child by him. After enraging the women, he then spoke to them in his real capacity as a prosecutor and they refused to serve as alibi witnesses at the trial. Brockler is astonished that he would be fired for such dishonesty and insists that he was wrongfully terminated.
Respectfully Submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
You may recall an article that I wrote back in January discussing the Steubenville, Ohio rape case. It was a case where members of the town’s high school football team were charged with repeatedly raping and sexually assaulting an unconscious young girl and it also exposed the community support these alleged rapists had. In that case a local unit of the Hacktivist group, Anonymous, published tweets and pictures of the alleged rapists. One of the citations or links that I provided in the article has since been taken down and now the local Anonymous activist had his home raided by a FBI SWAT team and may be charged with hacking into the high school website and could face a potential 10 year sentence for the alleged crimes! You may ask what are the sentences that the now convicted rapists are facing? Since they were minors at the time of the alleged serial rape, they are facing 2 year sentences. Continue reading “What Is a Worse Crime, Rape or Publishing Evidence of the Rape?”
Submitted by Mike Spindell, Guest Blogger
There is a new bill passed by the New York State Senate that relates to many of the blogs and discussions we have had here through the years. This bill would make it a felony to “annoy” a police officer acting in the course of his duties. While I can understand that directly interfering with a police officer in the middle of his duties should not be done, we have seen through the years that the police broadly interpret what is “interference” to include what is obviously a person exercising their First Amendment rights, such as responding negatively to a police officers actions or videotaping them. I find this law another distressing example of how far we are going in the direction of a police state, since as we have seen in our many blogs and discussions here it will be abused time and again. I will have several links at the bottom to illustrate some of the issues dealing with purported “police interference on the Jonathan Turley Blog alone. Continue reading “Don’t “Annoy” Your Local Police Or Else”
Submitted by: Mike Spindell, Guest Blogger
It’s been so long that I can’t really remember when I first started thinking about and supporting freedom of speech. Perhaps it was when I was eight and went to the local library to borrow Sir Walter Scott’s “Ivanhoe”. I was told I could only borrow books from the children’s section. At the time I didn’t see that as a First Amendment Issue, because I still hadn’t learned about the Constitution. However, as the “Fifties” progressed and the issue of banning books and movies heated up, my social studies education caught up with my natural predilections and I became a full supporter of the idea of the rights of free speech, free press and everyone’s right to access information. During the “Fifties” movies were regularly cut down so as not to offend groups such as The Catholic League. The novels of some of the great authors of the Twentieth Century, such as James Joyce, D.H. Lawrence, William Burroughs and Henry Miller were banned in the U.S. as pornography and their shipments confiscated at our borders. Those of us, like myself, who are old enough to have lived through those times understand that the meaning we give to the First Amendment now, was not the same as it was for the first 160 years (or so) of our country. The lesson of this is that in the courts and with the ever changing political scene , we must ever be vigilant to protect our right as a people to say, read and write what we please, providing it doesn’t cause real danger to others. The catch of course in my last sentence, is what exactly “real danger” is and then what too should be the limits of using freedom of speech as a defense? Continue reading “The First Amendment and Catch 22”
I have repeatedly written against the use of shaming and novel sentencing by judges around the country (here and here and here). Judges often thrill the public by imposing their own forms of justices — departing from conventional criminal sentences to force people to clean courtrooms with toothbrushes, wear demeaning placards, or carry out publicly humiliating tasks. These judges often develop a taste for such power and the public acclaim that unfortunately comes from humiliating people. Cleveland Municipal Judge Pinkey Carr is a case in point. Carr garnered clearly welcomed public attention by requiring a woman to wear a sign to punish her for reckless driving near a school bus. Now, Carr has taken to making such placards herself and, when citizens do not comply as marionettes, throwing them in jail. Such is the case with Richard Dameron who refused to carry an “idiot” sign hand crafted by Carr. In the hearing, Carr appropriately compared herself to the Burger King of the justice system.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
Over the years we have heard the stories about Supreme Court justices coming under fire for attending political rallies and symposiums and for taking gifts from political organizations. Abe Fortas and his subsequent resignation from the Supreme Court is one instance that comes to mind. More recently, of course, Justice Clarence Thomas’ exploits come to mind. “Justice Clarence Thomas is an ethics problem in a black robe. Just eight months after ThinkProgress broke the story of Thomas’ attendance at a Koch-sponsored political fundraiser, we learn that Thomas doesn’t just do unethical favors for wealthy right-wing donors — they also do expensive favors for him.
Leading conservative donor Harlan Crow, whose company often litigates in federal court, provided $500,000 to allow Thomas’s wife to start a Tea Party group and he once gave Thomas a $19,000 Bible that belonged to Frederick Douglass. The American Enterprise Institute, a conservative think tank which frequently files briefs in Thomas’ Court, also gave Thomas a $15,000 gift.” Think Progress
What we may have missed in those earlier discussions is how important the lower courts and appeals court judges are in enforcing corporate or political legislation and policies. What would you say if corporations and partisan foundations or think tanks and oil companies were deeply involved in making sure the judges know who their real “friends” are? Continue reading “It’s All About the Judges”
Here is today’s column in USA Today calling for the firing of Attorney General Eric Holder (I have added a couple lines removed in editing). Holder is not the only individual who needs to leave federal office but he is the first. Equally responsible are his deputy, James Cole, and Ronald Machen Jr., the U.S. attorney for the District of Columbia who played critical roles in the investigation of journalists with Associated Press and Fox News. Notably, Obama reportedly “fired” IRS Director Steve Miller (who was reportedly already leaving) over the IRS scandal though there is no indication of any knowledge on his part. In Holder’s case, he was personally involved in targeting journalists (in the Fox case) and launched an attack on the media that has been condemned by a wide array of public interest and media groups. Yet, Holder has been asked to hold a simple meeting with aggrieved media representatives by Obama.
Submitted by: Mike Spindell, guest blogger
About one year into Barack Obama’s first term as President I began calling the White House demanding that Attorney General Eric Holder should be fired. I was disturbed by the lack of prosecutions and by the trend towards stricter enforcement of the Drug Laws. Clearly this was not the change I envisioned from a Constitutional Law professor, or his Attorney General. I guess my support in the election wasn’t important enough to get The President to hear my plea to rid himself and us, of both Holder and Geithner. Here we are now more than four years later and both of these bozos are still on the job and doing harm to our Constitution and our economy. With the Associated Press eavesdropping scandal we have just the latest contretemps committed by the Justice Department and its hapless leader. Having lived through Attorney General’s John Mitchell and Ed Meese, I understand full well the importance of the position and how if it is filled with the wrong man mischief will arise. Eric Holder is in the tradition of both these men since he too seems nonplussed when it comes to upholding the constitution. This article was in reaction to reading about Holder signing off on the AP probe in Thursday’s Huffington Post, I give credit to them for this story and I will provide links. Here are six instances of Holder’s using his office to achieve what I see as disastrously wrong actions. Continue reading “Eric Holder Should Go!”
I have previously stated that I fail to see the basis for criminal charges in the IRS scandal. Prior administrations have faced allegations of targeting opposing groups and such matters have been treated as abuses but not crimes. Yet, various news sites are reporting this morning that Lois Lerner, the director of the IRS division, will invoke the Fifth Amendment before the House Oversight and Government Reform Committee. Her counsel asked the Committee to withdraw the demand for her testimony in light of her intention to refuse to testify on the grounds that it may incriminate her.
Continue reading “Top IRS Official To Invoke Fifth Amendment Before Congress”
Submitted by Charlton Stanley (Otteray Scribe), guest blogger
The relationship between mental health and the legal system is a turbulent one at best. One major problem is they speak two different languages. For example, insanity is a legal term found nowhere in any psychiatric or psychological diagnostic manual.
There are several key words used commonly by both professions, but which have quite different meanings. The words “validity” and “reliability” are part of the vocabulary of science. To a scientist, the word validity means that a test measures what it claims to measure. When a test is intended to measure depression or anxiety, the user can assume it measures depression and anxiety.
Reliability refers to the repeatability of a test or measurement. If we give the same test to the same subject several times, all the scores will fall within the standard error of measurement 95% of the time.
When an attorney uses the word validity, it means, Binding; possessing legal force or strength; legally sufficient.
The legal interpretation of the word reliability suggests the subject matter is trustworthy, and that one can rely on it. However, when a scientist says something is reliable, it means whatever is being tested will get the same results with every retest, within the Standard Error of Measurement.
An examination of the literature of both professions reminds us of the quip attributed to George Bernard Shaw, “[We] are two peoples divided by a common language.”
When I was in graduate school, a well-known attorney gave an invited lecture to the student body. The speaker made several sweeping generalizations about the mentally ill; all of them displaying a stunning ignorance of facts. Then he turned his venom on those in the mental health professions, referring to mental health professionals scornfully as, “Soul doctors.” I would like to say people like him are rare, but they are not. I have known judges who, quite literally, did not believe in mental illness. We had one of those in our area who, mercifully, retired a few years ago. People like that remind me of those misogynistic knuckle-draggers who don’t believe there is such a thing as rape.
Now, back to the stormy relationship between the legal system and mental illness.
Continue reading “From DSM-I to DSM-5 in the Legal System: Mental Illness Issues in the Courtroom”
Rickey Christopher, 23, obviously does not like jury duty. Many people feel the same but he is fast making jury duty into the worst chapter of his life. Christopher was previously dismissed from jury duty for repeatedly showing up late. Then when he was ordered to appear for possible contempt of court, stemming from his jury duty, he failed to appear. There is now a warrant out for his arrest from Oklahoma County District Judge Ray C. Elliott. It is a good thing that such charges are generally handled without a jury. It would be hard to find 12 peers of Christopher to appear on time to try the case.
Convicted Philadelphia abortion doctor has reached an agreement with prosecutors to avoid the death penalty: he has waived his right to appeal in exchange for a sentence of life without parole. I have no problem with the conviction of Dr. Kermit Gosnell, 72, who performed late abortions in violation of state law under the most gruesome and horrific conditions. However, the use of the threat of the death penalty to waive appeal is a serious concern for civil libertarians.
Continue reading “Gosnell Agrees To Waive Appeal To Avoid Death Penalty”