Hunter's family lives in Prosper, Texas. Police there conducted a month long investigation of a case involving Hunter's son and four others who have been accused of sexually assaulting a child. The charge constitutes a second degree felony.
]]> It isn't clear at this point how long Torii Hunter will be absent from the Angles. The 17-year-old was, according to police, arrested as an adult following the incident.In Texas, juveniles 14 years and older who have committed felony offenses may be transferred by a juvenile judge to adult criminal court for trial and punishment. If convicted, they serve their time in adult prisons. Obviously, this is not a good situation to be in for a youth. Other possible consequences are that a young person can receive a sentence with the Texas Youth Commission up to 40 years long.
It is commonly assumed that juveniles tried as adults are hopeless, repeat offenders who are beyond the rehabilitation of the juvenile justice system. The fact is that there are often minimal differences between these youths and those in the juvenile justice system, and most of them have never actually had the opportunity to benefit from the rehabilitation efforts offered by the juvenile justice system.
When a juvenile gets involved with the law, it is important to do everything possible to help them benefit from the support services offered by the juvenile justice system.
Source: CBS News, "Torii Hunter, Los Angels outfielder, takes leave of absence from team to deal with teen son's arrest," May 15, 2012
]]>Strangulation, historically, has been somewhat difficult to prosecute, particularly because it is typically difficult to detect due to lack of external signs. Attempted murder charges are also difficult to prove in cases where the suspect intended to scare rather than kill the victim.
]]> Various anti-domestic violence advocacy groups across the country have been taking steps to train police to identify the signs of strangulation. These include red spots on the face and/or neck, bloody-red eyeballs, neck swelling and stiffness, headache and others.Anti-domestic violence advocates are also supporting a growing trend among states to implement harsher penalties for those convicted of strangulation. South Dakota is the most recent state to make strangulation a felony offense. About 30 states have now passed laws making non-fatal strangulation a felony crime over the last decade.
Some states have encountered opposition to the idea of making strangulation penalties harsher. According to a number of defense attorneys, there is already enough legal protection for strangulation victims and punishment for accusers, and adding more could lead to excessive prosecution.
When someone accused of domestic violence approaches an attorney for representation, there are number of things that will be examined in building a solid defense for their case. One of these is whether investigators did a full investigation of the facts involved in the case. Where there are holes in the prosecution's case, there are opportunities strengthen the defendant's case.
Source: USA Today, "States cracking down on strangulation attempts," May 13, 2012
]]>As we've noted time and again on this blog, wrongful convictions are a potent reminder of the pitfalls present in our justice system. As the Odessa American editorial points out, they are also a reminder of the urgent need to reform in the system.
]]> One problem is that counties haven't always taken the time to archive physical evidence. Because DNA evidence is not always available-in many cases it is not-criminal defendants cannot rely on it to clear their names. In addition, race is a factor in some cases. The two most recent exonerees, both black men, were convicted by an all-white jury, a practice that has since fallen out of favor. Another huge problem with the case were faulty eyewitness identifications, a problem that is present in many wrongful conviction cases.There are many ways the system can be criticized for its handling of these cases. From our perspective, it is important for our readers to realize that miscarriages of justice can occur, making it all the more important for criminal defendants to mount a defense that systematically challenges the prosecution's case.
Depending on the case, the goal may be to secure a dismissal or to minimize charges. In every case, a criminal defendant deserves the best defense possible. These wrongful conviction cases are the most eloquent reason why.
Source: Odessa American, "TEXAS VIEW: Exonerations show urgency of reform," May 10. 2012.
]]>Dallas readers may be aware that the TDI already has a similar working agreement with the Dallas County District Attorney's Office. So far, the team has obtained 250 conviction of insurance fraud. The same success is expected in Harris County.
]]> Not surprisingly, the goal of the new hires is none other than to "get tough" on fraud crimes and send a clear message that there will be no compromise.According to Commission Kitzman of the TDI, "We hope to send a message that we are going to prosecute these cases and seek the highest penalties possible, in restitution fines and imprisonment. There will be no confidential settlements. This will be publicized. This is really not effective unless people know about it."
What is concerning about this is that efforts to combat fraud are seen by authorities not as individual cases which may or may not involve criminal activity, but a big game where prosecution flexes its muscles and covers its ears.
All too often, efforts to ramp up investigative and prosecutorial efforts translate into a lack of discernment and a bulldozing forward in the name of justice. When a person is charged with fraud, they deserve a fair hearing. For those involved in criminal activity, the punishment must fit the crime, and extenuating circumstances need to be taken into account. Each case should be seen uniquely, not as something to rubber stamp with the highest penalties in proud authority.
Source: Insurance Journal, "Officials Strengthen Insurance Fraud Prosecution in Southeast Texas," May 10, 2012
]]>Following the incident, Pilar Sanders was arrested and charged with simple assault, though she contended that her side of the story hadn't been heard fairly. Deion Sanders initially received the same charge as his wife but now Prosper police are reportedly recommending he be charged with criminal mischief, a more serious offense.
]]> Twitter postings by Pilar Sanders following the incident reveal her frustration at not being heard. In one, she reportedly posted, "I understand that I have very little chance at beating a Hall of Fame, two-sport man that everyone seems to love and adore."It is worth noting that domestic violence disputes are often complex, and that police don't always perform an adequate or fair investigation before moving forward with arrests and citations. What seems to be clear based on police reports and charges is not always so simple. As Pilar Sanders' defense attorney noted following the incident, "I can tell you that there are two sides to every story, and the truth will come out in court."
Those who've been involved in a domestic violence dispute do well to consult an attorney if they feel they don't stand a chance in fighting the charges. A good defense attorney will know how to punch holes in the prosecution's case and build the best possible defense.
Source: CNN, "Police push more serious charge against Deion Sanders after domestic dispute," May 3, 2012.
]]>DNA from the woman's clothing and a rape kit exam, though, implicated two others, who have now both been charged with attempted capital murder.
]]> Dallas County has reportedly exonerated 32 people since 2001. Many of those cases have involved faulty eyewitness identifications. The cases have also raised the specter of racial discrimination, and the possibility that blacks may have been mistreated in the criminal justice system.Stories of wrongful conviction should shock our consciences, but all too often the public stands ready to condemn those accused of crimes, particularly sex crimes. The reality is that some criminal defendants are wrongfully accused, but because of the way the evidence stacks up, cannot defend themselves.
On a less dramatic scale, many criminal defendants may find themselves accused of serious crimes, when in reality they are guilty of lesser crimes. DNA evidence has done much in allowing the innocent to challenge their convictions, and this work will continue. It is hoped that the public responds to these stories with greater compassion and understanding for criminal defendants.
Source: Star-Telegram, "2 Dallas men cleared in 1983 rape and shooting," Nomaan Merchant, April 30, 2012.
]]>As banks increase efforts to fight the problem, more and more customers are facing denied transactions or being required to prove their identity. Banks are having to strike some sort of balance between customer convenience and fraud prevention.
]]> When a hacker is able to break through protection barriers set up by banks, many can be affected. For example, a recent hack of Global Payments Incorporated, which handles transactions for Visa and MasterCard, affected roughly 1.5 million customer accounts in North America.Credit card fraud can take place in several sorts of situations, as when a person fraudulently obtains a credit or debit card and uses it to purchase items. It may also take place when a person participates in a transaction using a stolen credit card, or when a person uses their own credit card after it has expired, revoked or doesn't have sufficient funds to cover purchases.
In order to prove charges of fraud, prosecutors must meet very specific requirements. It is the task of defense attorney's to present the best defense possible for an accused person, and to ensure that prosecutors respect a defendant's rights.
Source: Reuters, "When your credit card charge is denied," Chris Taylor, April 26, 2012.
]]>Another woman was allegedly involved in the incident, and follow-up investigation resulted in officer charging Deion Sanders and the other woman with Class C Simple Assault. Neither of them, however, was taken into custody. His wife was charged with assault family violence
]]> Sanders' estranged wife was put under a protection order which forbids her from returning to the couple's home for 61 days and from threatening or harassing any members of the family.Deion Sanders reportedly claimed in a tweet that he had been attacked in his room by his wife and one of her friends. He and his wife have three children together, though Deion Sanders has two children from a prior relationship. The two are currently going through a contentious divorce.
Domestic violence disputes can be complex and those facing domestic violence charges are often up against a great deal of misunderstanding. Many times it is simply one partner's word against another, and police have to do something to resolve the situation.
Many law enforcement agencies have zero tolerance policies which urge an arrest following a domestic dispute. These arrests are often based on a very brief investigation that doesn't necessarily result in an accurate understanding of what took place. It is important that all the facts get out on the table, and that the defendant's story is heard against the allegations of prosecutors, who rely on police for their information.
For these and other important reasons, it is critical for those charged with domestic violence to build a solid defense immediately.
Source: CNN, "Deion Sanders also cited for assault in domestic violence case," April 25, 2012.
]]>The issue, however, is getting more focus because of the recent release of Michael Morton, who was freed after 25 years of wrongful imprisonment following a conviction for murdering his wife.
]]> Michael Morton was exonerated by a DNA test, and some contend that the prosecutor in the case hid evidence that could have proven his innocence during his 1987 trial. A court of inquiry is apparently going to be looking into the case to see whether the prosecutor may have engaged in any misconduct. The issue is set in the context of a murder trial, but it could apply equally to cases of sexual assault, drug crimes, or fraud.Prosecutorial errors are present in many wrongful conviction cases in Texas and nationwide. Very often, they involve illegal withholding of exculpatory evidence from the defense, which puts the latter at a disadvantage.
Unfortunately, it is often difficult to subject prosecutors to prosecutorial misconduct, because of immunity protections and-where suing a prosecutor is possible-the high degree of negligence needed for a guilty verdict.
Fortunately, public discussion about the issue is increasingly, and it is hoped that this will heighten awareness of the problem and potentially spur changes to the system. Those of our readers who are facing serious charges should realize that it is important to secure an attorney who will fight to uncover every bit of evidence available.
Source: Dallas Observer, "What You Don't Know About Prosecutorial Oversight: Our Chat with Attorney Betty Blackwell," Leslie Minora, March 30, 2012
]]>The 34-year-old man was apparently the first to be convicted under a new state law permitting enhanced charges against defendants who could have been convicted of intoxication manslaughter but not DWI.
]]> Back in 1998, the man pleaded guilty to intoxication manslaughter for allegedly causing an accident that killed a man and injured two others. Probation on the conviction was completed in 2009. He was arrested again in December of 2020 after crashing into four parked cars in Fort Worth. Prosecutors say his blood alcohol content on that occasion was twice the legal limit and that he had marijuana in his pocket.The enhanced charge meant that the man was not eligible for probation at trial. His attorney has said that he plans to appeal the case, and that he had hoped the jury would opt for the minimum punishment of two years.
According to the man's attorney, the offense was a lapse of judgment and not another in a string of convictions.
DWI charges, obviously, are very serious charges, and those facing them should realize that prosecutors have a number of tools at their disposal to obtain a conviction. Enhancement is one of those tools. Prosecutors, of course, are typically not interested in leniency in DWI cases, and it is important for those facing DWI charges to begin building a strong defense right away.
Source: Star-Telegram, "Fort Worth man gets 8 years in prison for DWI," Dianna Hunt, April 12, 2012
]]>The accuser is apparently the man's half-sister, who testified that when she was 14, he and two other men raped her in an unfamiliar house. Prosecutors in the case had argued that the man had taken advantage of the girl's trust.
]]> There was, however, said that there was nobody to corroborate the evidence, that there was no physical evidence of the rape, and that there was no circumstantial evidence suggesting rape. Because of the lack of any evidence, the judge in the case ruled that prosecutors failed to meet the burden of proof needed to convict the elderly man.The man was apparently also accused of rape back in 1982 by a woman who said he raped her as a police officer in Milton, Washington, when she was a 15-year-old runaway. In that case, he eventually pleaded guilty to unlawful communication with a minor and was fired from his position.
Last September, the man was indicted by a grand jury on charges of kidnapping and murder in the 1957 death of the other Sycamore girl, who was 7-years-old at the time. He has pleaded not guilty to those charges and a trial still has to be set.
As our regular readers know, it is important to remember that charges are only charges until a conviction is reached. In this case, there simply was not enough evidence to meet the standard of proof required by law, as the charges were rightfully dismissed. In any criminal case, the evidence should be carefully scrutinized. In some case, like this, there simply isn't enough evidence for prosecution to move forward.
Source: Associated Press, "Judge: Seattle man not guilty in 50-year-old rape," Don Babwin, April 12, 2012.
]]>A 56-year-old man who pleaded no contest to the sexual assault and murder of an East Texas woman back in 1977 will soon have the opportunity for new DNA testing, which he hopes will prove his innocence and give him his life back. The man was reportedly sentenced to death twice and spent over 20 years in prison before entering the plea.
]]> The judge in charge of the man's case granted his motion for new DNA testing after his attorneys on both sides agreed to it. His attorneys have said that there was other evidence that had human blood on it and which should have been tested, including a statue which is believed to have been used in the killing, as well as a knife and the victim's jeans.There have already been three trials on the charges. Prior to his plea of no contest, there was almost a fourth. A no contest plead is, to clarify, not an admission of guilt, but simply an admission that there is no way to disprove the evidence supporting the charges. It is treated as a guilty plea.
If he is found to have been wrongfully convicted, the man will be eligible for over $1.5 million in compensation from the state, which pays former inmates $80,000 for every year they are wrongfully incarcerated.
Source: chron.com, "Man to get DNA tests in 1977 Texas stabbing case," Nomaan Merchant, April 9, 2012
]]>While every state has passed laws that make it illegal to drive with a blood-alcohol level at or above .08 percent, other countries don't even allow a quarter of that.
]]> In Germany and Belgium, for instance, blood alcohol levels in excess of .05 are considered illegal. And in Sweden, the legal limit is .02. Given that everybody has different tolerance levels, these limits could potentially rule out some lighter-weight individuals from having any alcohol at all prior to operating their vehicle.A DWI conviction is no small thing, either. In Texas, a first offense can result in up to 180 days in jail, up to a $2,000 fine, and a license suspension of between 90 days and one year.
Subsequent offenses, of course, result in increasingly harsh penalties. On a second offense, one is required to install an ignition interlock device in one's vehicle. A third offense could result in 2 years in prison, fines of up to $10,000 and a license suspension of between 180 days and two years.
It goes without saying that having one's license revoked can be a real disruption in one's life. Not to mention the fact that not too many people have $10,000 just lying around.
In Texas, individuals under 21 years of age can be charged for DWI if their blood alcohol content is .02 or above. Getting a DWI charged on one's record at a young age is not something you want.
It is important to realize the gravity of such charges and to put together a strong defense as soon as possible after being charged. First-time offenders may be able to keep DWI charges off their record, but doing so requires good advocacy.
Source: Wall Street Journal, "Think Drunk-Driving Rules Are Tough Here? Try Sweden," Joseph B. White, April 4, 2012.
]]>Upon searching Leaf's residence, authorities apparently found several illegal prescription pills and an empty prescription bottle belonging to one of Leaf's acquaintances who claimed his medication had been stolen from his home.
]]> Monday's arrest came after a report had been received that the owners of a mobile home saw a man inside their home, who told them he was at the wrong address before he left. On searching the home, the owners saw that several bottles of medication were missing. Leaf was later identified in a photo lineup, although the couple did not know who he was and weren't aware of his previous arrest.At the time of the arrests, Leaf was already on probation from a 10-year suspended sentence he received back in 2010 on drug-related charges. Leaf received those charges while coaching at West Texas A&M in Canyon, Texas.
Officials in Great Falls and Randall County, Texas are currently trying to revoke Leaf's suspended sentences. In order to do that, Leaf will end up having to appear in Texas court. That is likely not to happen, though, until the charges against him in Great Falls are resolved.
Sources didn't indicate what the consequences of the revocation will be. It does mean, unfortunately, that Leaf has forfeited the chance to have the charges kept off his record.
Source: USA Today, "Ryan Leaf remains in jail, could stay for 30 days," Kimball Bennion, April 5, 2012.
]]>