The sexual assault charges against the defendant arose after cold-case DNA testing revealed his connection to the attack. Initial charges had been brought against another man, but that suspect was later released because the body of evidence was inconclusive. Detectives pursuing a variety of sexual assault cases in the area eventually linked the defendant to the crime thanks to fingerprint and DNA evidence. The defendant had previously pled guilty to another sexual assault case in 1994, receiving a sentence of 10 years of probation. He eventually served 10 years in prison after violating the terms of that probation agreement.
]]> The man's sentence complies with legal guidelines from 1989, before Texas approved life without parole as an acceptable option. He will likely be required to serve at least 25 years before being considered for parole, according to the Texas Department of Criminal Justice. Officials say that because of his age, this effectively amounts to a life sentence.The defendant's attorneys may choose to pursue appeals, but the county's district attorneys say they will work hard to ensure that he stays in prison. If the appeal is granted, they say, they intend to pursue convictions related to the dozens of other cases in which the man was a suspect.
Source: Austin American Statesman, "Man gets life in prison for 1989 sex assault," Nomaan Merchant, January 19, 2012.
]]>According to sources, the couple became embroiled in a dispute on New Year's Eve over Lopez' plan to take their son on a trip to Venezuela, her home country. At some point during the argument, Lopez left the couple's house, ran into the street and showed a neighbor a bruise on her arm, which she claimed the Sheriff inflicted upon her.
]]> The neighbor apparently made a video of the injury and later provided it to police over the objections of Lopez. Following the incident, Mirkarimi commented that the incident was a private matter, which raised criticism over his ability to serve as Sheriff.Last Thursday, Mirkarimi pleaded not guilty to misdemeanor counts of domestic violence battery, child endangerment and dissuading a witness. The Sheriff's wife has quite vocally opposed the prosecution of her husband since he was charged.
The judge in charge of the case has ordered Mirkarimi to stay away from both his wife and their 2-year-old son. Lopez has opposed that order, but the judge has refused to lift it.
There are also questions being raised about the Sheriff's parenting skills, though nothing definitive has come forward yet. At this point, it isn't clear whether Mirkarimi will be stepping down from his position, but he has commented that it may be a possibility as things move forward.
Cases like this are a good reminder of the kinds of consequences domestic violence charges can have.
Source: San Francisco Chronicle, "Judge refuses to life Mirkarimi stay-away order," Jaxon Van Derbeken, January 27, 2012.
]]>According to sources, American officials-noting of the ineffectiveness of the Mexican government against the activity-have sounded the alarm and warned that the drug war has the potential to threaten U.S. national security.
]]> Stepping back a bit from the disturbing activity of the drug cartels, it is certainly the case that anyone accused of a drug crime deserves a proper defense. Without this opportunity, our justice system breaks down.Drug charges are of many types, including possession, intent to distribute, trafficking, manufacturing, driving while under the influence of drugs. Whenever a person is charged, it is important to consider whether the arrest and seizure of evidence were conducted properly. Police are required to respect the rights of any criminal suspect with respect to searches and seizures, whether on a street, in a home, or in a vehicle.
These may seem like technical points, but it is critical that law enforcement stay within the law in their efforts to enforce the law.
Source: CNN, "The Mexico drug war: Bodies for billions," Ashley Fantz, January 18, 2012.
]]>In fact, Attorney General Eric Holder estimated earlier this month that nearly 48,000 have been killed in suspected drug-related violence in Mexico over the past five years. And over 5,000 people have disappeared in connection with the violence, not to mention the tens of thousands of orphaned children.
]]> Those involved in the cartel come both from both south and north of the border. According to the U.S. Justice Department, representatives from the Mexican cartels were present in 230 different cities in the United States in 2008, and that number is now around 1,000.Most of the cartel-related violence remains in Mexico, but authorities in numerous states have investigated abductions and murders thought to be related to the cartels.
Some of the killings connected to the cartels have become well-known for their savagery and recruitment of the young. Tragically, those becoming involved in the cartel include those as young as 14 years of age.
According to a Justice Department released in 2009, the driving force behind the activity may be its enormous profits. Mexican traffickers apparently control the flow of most of the cocaine, heroin, foreign marijuana and methamphetamine to the United States. Drugs are significantly cheaper to produce in Mexico compared to the United States.
In our next post, we'll continue with this topic.
Source: CNN, "The Mexico drug war: Bodies for billions," Ashley Fantz, January 18, 2012.
]]>The man, who currently is 26 years old and has a permanent residence in San Antonio, currently lives in Chicago, where he was taken into police custody outside of a restaurant in mid-December. According to sources, he was placed under arrested after he tried to buy cocaine from an undercover police agent.
]]> In doing so, the player apparently voiced interest in buying larger amounts of both cocaine and marijuana so he could deal it around the Chicago area. He tipped the authorities off to his partner, telling the agent that his partner executed most of the drugs deals. The former player claimed that he handled the big-money drug deals.Later, an informant told investigators from Homeland Security that the former player's acquaintance was fixing to purchase the cocaine from the player.
Both the man and his alleged cohort were charged with cocaine possession and conspiracy to possess cocaine. The former player was able to get out of jail on $100,000 bond, but had to hand over his 2010 Cadillac Escalade to the authorities. The former player now awaits his fate, which could see both him and his partner spend up to life in prison for their alleged offenses. The sentence for the conspiracy alone carries a sentence of anywhere between 10 years and life.
Source: ABC News, "Former Bears, Cowboys Receiver Hurd Indicted," January 5, 2012.
]]>The man was initially locked up after being convicted of sexual assault of a stranger in 1981, remaining there until just recently. A judge weighed new evidence that was suppressed by prosecutors, which essentially proved that the conviction was a farce.
]]> The evidence that did put the man behind bars decades ago came when the victim selected his picture in a photo lineup.The man's attorney highlighted the live line-up, which police conducted but did not record. In the lineup, the victim did not identify the man as her attacker. The man's attorneys also argued that the prosecution and police hid evidence that showed the man did not fit the victim's description of her attacker. She pegged her attacked to be significantly taller and heavier.
The man's lawyers argued that prosecutors did not play by the rules back then, and the judge agreed. The judge released the man from prison, but he has not yet been officially exonerated - found innocent of his crimes. There is still a chance that he will be exonerated in the case. If found innocent, the man will be in line for compensation and a special package of benefits given to exonerated individuals. His legal team continues to dig up new evidence to reach that goal.
The man was expectedly overjoyed and said he knew this day would eventually come.
A number of exonerated prisoners were on hand at the hearing, many of which spent time in prison with the man. The group of unfairly jailed individuals have formed a close pact, and they meet together monthly.
It is unfortunate that our criminal justice system sometimes makes these types of mistakes, but it goes to show the great importance of the work of defense attorneys.
Source: Dallas Observor, "After 31 Years Locked Up, Ricky Dale Wyatt is Free But Not Quite Exonerated," Leslie Minora, January 4, 2012.
]]>Hurd's high-profile attorney said that Hurd would fight the drug possession charges. He also told the Associated Press that he had not evaluated all of the information in the case and has successfully defended others with the odds stacked against them. Hurd had no comment as he was led away in handcuffs.
]]> Hurd allegedly told the agent he met with that he had co-conspirators who were in charge of doing most of the deals, and that he did the bigger deals. During the meeting, Hurd allegedly told the undercover agent that he would pay $25,000 per kilogram of cocaine and $450 per pound of marijuana. If convicted of conspiracy to possess with the intent to distribute more than 500 grams of cocaine, he could face up to 40 years in prison and a $2 million fine.Since Hurd has not been convicted, he is still a member of his team. When he hadn't shown up for a meeting, the coach started looking for him and was told that Hurd was being held on drug charges.
Source: Reuters, "Bears WR Hurd facing federal drug charges," Karen Hawkins, December 15, 2011.
]]>Evidence consisted of a list -- a table of contents -- that was 76 pages long. Each page contained about 30 items to be presented to the court as evidence. Evidence included financial documents, contracts, emails and invoices. The emails discussed topics such as burning cash, hiding spam, avoiding detection, "flaming ferrets" and due process.
]]> In the fraud case, federal agents seized computers, passports, memory sticks, tax reports and power supplies. The two convicted conspirators and alleged conspirators stiffed leasing companies, creditors, landlords, power companies, web site developers, air conditioning companies and insurance companies.The fraud was perpetrated by creating shell companies to hide the alleged conspirators' identities. These companies were often in names of homeless people from the area. The companies would shut down before the businesses could start collections.
One of the alleged conspirators was a father of three and in his mid-30s had already been convicted of felonies, including possession of machine guns and blowing up mailboxes with pipe bombs. He and his family falsified tax documents in order to purchase homes. He would allegedly tell companies that what he owed was already paid or by claiming the contract was invalid. He also threatened litigation if services provided by those companies were interrupted.
Authorities found a 2006 email where he was speaking of his business model. He stated in the email that his company bypasses vendors and leaves those deals owing. He also stated that half the time, the company is acquired by someone else or goes under.
Source: Forth Worth Star Telegram, "Feds untangle $20 million scheme in DFW against telecom companies," Darren Barbee, December 23, 2011.
]]>Factors cited by some experts commenting on the statistics include the imposition of harsher sentences of incarceration, the aging of the population, and more money being spent on crime prevention measures by police. The statistics also show that the number of rapes reported in Dallas, Texas during the initial six months of this year declined by a significant 22 percent over the year before.
]]> Rapes were down a full 5.1 percent nationwide during the first half of 2011, while murder declined by 5.7 percent, and robbery showed a 7.7 percent decline. The FBI also reported that the number of assaults was down by 5.9 percent.These improvements in crime prevention appear to have taken place across the nation, impacting every region and both small and large municipalities.
Improved crime detection and prevention methods increasingly used by law enforcement agencies include the use of computerized data analysis and crime mapping to allow greater focus on problem areas. Police report heightened efforts to prevent crime from taking place, as opposed to simply detecting it after it has already occurred. The recent crime statistics appear to refute the common perception that the incidence of rime would increase in an ailing economy.
Source: CNN, "Analysts: Better policing behind cut in crime," Bob Orr, December 20, 2011.
]]>According to court records, Atkins' wife of 13 years called police and accused the singer of attempting to suffocate her with a pillow during a night-long argument before which Atkins had been drinking. The altercation apparently took place on November 21. She also accused him of throwing her down the hall. Police arrested Atkins after the dispute and later released him on bail.
]]> According to Atkins, the allegations are false, and his attorney says the incident was nothing more than an "unfortunate verbal dispute." She has said that the accusations are "completely untrue."The couple has since filed for divorce, citing irreconcilable differences. Atkins has said he will continue to seek parenting time with the couple's 10-year-old son.
According to his wife response filings, the singer "has been guilty of such inappropriate marital conduct as renders further co-habitation unsafe and improper."
At this point, it hasn't been established what exactly happened during the argument between Atkins and his wife. One thing our readers should know is that police take accusations of abuse very seriously and sometimes make arrests of accused parties needlessly.
When a person is accused of domestic violence, they deserve to have a fair hearing and a solid defense, particularly because of the confusing circumstances that sometimes accompany such charges.
Source: Reuters, "Rodney Atkins denies abuse claim, seeks divorce," Vernell Hackett, December 15, 2011.
]]>The federal agency also announced Dec. 13 that it is stepping up efforts to combat Medicare fraud by holding back payments on prescription drug claims in instances where irregularities raised suspicion of fraudulent billing.
]]> This, spokesmen for the agency explained, was needed because of increased occurrences in which some medications, such as Oxycontin and other popular painkillers are being abused. An audit disclosed that approximately 170,000 beneficiaries on Medicare had submitted claims for prescriptions for the painkillers from five or more doctors. The Justice Department believes that some of these claims may be fraudulent, while acknowledging that some may also be legitimate.Putting such prescription claims under heightened scrutiny, federal officials believe, should lead to some cost savings for Medicare, although they declined to speculate about the amount of the potential savings. They also hope that reducing the abuse of prescription painkillers will result in fewer patients having to seek emergency medical care for the effects of drug abuse.
The stepped up enforcement efforts will allow Medicare to stop payment when fraud is first detected instead of waiting until after a claim is paid.
Source: USA Today, "Medicare changes payment plan to fight drug fraud," December 14, 2011.
]]>These enhanced efforts to gather potential evidence of motorists' possible intoxication is especially evident on holidays and weekends, when drunk driving occurs most.
]]> Police and prosecutors have increasingly turned towards the use of blood tests in DWI arrests and prosecutions as juries tend to believe such evidence. A Houston, Texas police captain who is assigned to enforce traffic laws estimates that the conviction rate in DWI cases brought against motorists through the use of blood test evidence is over 90 percent.In many cases, motorists confronted with blood test evidence confirming their intoxication plead guilty, rather than contesting the matter at trial.
Courts in Texas have, so far, rejected any constitutional challenges to mandatory blood test demands, despite the arguments of defense attorneys. Criminal defense lawyers have asserted that invasive blood testing without a motorist's consent violates their right under the Fourth Amendment not to be subjected to unreasonable searches and seizures.
Police who carry out the mandatory blood testing policy often have magistrate judges on duty to quickly issue a search warrant for the drawing of blood from DWI suspects who refuse to consent to a Breathalyzer and/or blood test. After a warrant is issued, police can use force to compel the suspect to submit to the blood test, which is carried out by nurses or other medical personnel.
Source: Fox News, "More Texas Cities to Demand Blood Tests for Drunk Drivers," December 12, 2011.
]]>David Cardona, who formerly worked as a deputy assistant director at the FBI, said in a recent interview that during his time at the agency, probes stemming from the financial crisis had not led to any effective criminal prosecutions, but may hold possibilities for civil charges.
]]> The Securities and Exchange Commission, which is responsible for enforcing federal securities laws and regulating the securities industry, has had better luck in its investigations. So far, the SEC has filed civil-fraud cases against 81 firms and individuals, and has negotiated almost $2 billion in settlements.Federal officials were initially optimistic when they began probing banks and securities firms in the midst of the financial crisis. As the investigations proceeded, however, it became clear that there were difficulties in proving criminal intent in most cases.
One of the most frequent problems prosecutors ran into is that, in many cases, the behavior in question could be interpreted as either poor business judgment or criminal intent. In many cases, the issue of disclosure was front and center. Because of the difficulty of determining adequate disclosure, prosecutors have been wary of submitting the question to juries.
The cases investigated by the FBI, according to Cardona, may be best pursued for civil charges as civil cases carry a lower burden of proof than criminal cases. That is likely what will end up happening with them too.
Source: Wall Street Journal, "Financial Crimes Bedevil Prosecutors," Jean Eaglesham, December 6, 2011.
]]>According to the most recent news, Walden has been charged with misdemeanor disorderly conduct rather than domestic violence with respect to that incident, and he recently plead not guilty to those charges.
]]> According to the police report, Walden's girlfriend contacted authorities after the fight and reported that the two had gotten into a fight over Walden's plans to return home to Georgia for a jersey retiring ceremony at Walden's high school. The argument apparently centered on Walden's comment that she didn't have a choice as to his departure.The police report isn't entire clear about what exactly happened, but it did say that Walden pushed his girlfriend, causing her to be injured. Following the argument she required four stitches to her head and suffered an injured thumb. Later on, Walden's girlfriend changed her story-once she found out he would be arrested, she says-to say that Walden did not initiate physical contact.
Prosecutors decided to charge Walden with disorderly contact since it wasn't clear exactly what happened, whether he initiated the physical contact or was simply defending himself.
Walden is set to return to court on the charges on December 27. If convicted, he could spend up to 90 days in jail.
Stories like this are a good reminder of the complications that exist in some domestic violence cases.
Source: Boston Herald, "Packers' Erik Walden pleads not guilty in domestic dispute case," Tyler Dunne, December 8, 2011.
]]>The former prisoner was released in 2006 because DNA evidence finally exonerated him. He received the first $1 million payment in 2007 after he received a full pardon from the governor. When state law was amended in 2009 to provide for a higher $80,000 per year payment for false imprisonment, he sought to be awarded the increased amount. His plea was initially rejected, but has now been granted.
]]> Sources said the man was arrested for rape in 1981 while he was then busy raising two young children and pursuing a career as an artist. The rape victim identified him as her attacker from the second of two photo arrays, despite the fact that her actual attacker had no beard and he did. He was sentenced to 50 years of incarceration after trial.The state entered into a $753,000 settlement with the man after the state Supreme Court accepted his case for review. The settlement will not grant the higher benefit amounts to another 47 ex-prisoners who also have been exonerated of any wrongdoing, but who were compensated at the old lower rate of $50,000 per year.
The state has said that this former prisoner was given the higher compensation amount because he filed his request in a timely manner within three years, which the other 47 former prisoners did not do.
Source: Austin-American Statesman, "State to pay extra $753,000 to Dallas County man exonerated of rape conviction," Chuck Lindell, November 29, 2011.
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