Archive for the ‘Criminal Issues’


Report questions science, reliability of crime lab evidence

The National Academy of Sciences says many courtroom claims about fingerprints, bite marks and other evidence lack scientific verification. It finds forensics inconsistent and in disarray nationwide.

Sweeping claims made in courtrooms about fingerprints, ballistics, bite marks and other forensic evidence often have little or no basis in science, according to a landmark report released Wednesday by the nation’s leading science body.

The National Academy of Sciences report called for a wholesale overhaul of the crime lab system, which has become increasingly crucial to American jurisprudence.

Many experts said the report could have a broad impact on crime labs and the courts, ushering in changes at least as significant as those generated by the advent of DNA evidence two decades ago. But the substantial reforms would require years of planning and major federal funding.

In the meantime, the findings are expected to unleash a flood of new legal challenges by defense attorneys.

Lawsuit Filed by Inmate Paralyzed in Taser Incident

According to a lawsuit recently filed, the Los Angeles County Sheriffâ??s Department violated the civil rights of an inmate who was paralyzed below the chest after being shocked by a stun gun. The attorney for the inmate says that deputies should have known that shocking the man while he was standing on a top bunk would result in a dangerous fall. Five deputies and a supervising officer were disciplined for their role in the incident, the sheriffâ??s department said

Your government at work!

FDA says Georgia peanut processor knowingly shipped salmonella-tainted products

The Food and Drug Administration says that a plant in Blakely, Ga. knowingly shipped salmonella-tainted peanut products. The facility had not undergone an FDA inspection since 2001.

The plant is under federal investigation in connection with an an outbreak of salmonella poisoning that has sickened nearly 600 people in more than 40 states. Eight may have died because of it.

Lawyer wife fights for inmate husband

Pamela Griffin and her husband have a challenging relationship.

At 36, Pam had just moved to Omaha from Sacramento to take a job as an associate in the banking department of a respected law firm in an old building on Farham Street. Pam and Robert had fallen in love during the 11 years she was married to his older brother, Gerry.

In prison visits and letters, they shared their private struggles and a nascent awareness of an intense emotional bond. Robert proposed to her in the visiting room at Folsom, in front of the vending machines. The place smelled of burnt popcorn. She laughed him off. She had just signed her divorce papers.

But she felt no one could ever know her the way Robert did. A few months later, she agreed to do it and the Griffins were married in the visiting yard at Folsom State Prison in July 1984. He had been incarcerated since 1970, first for an armed robbery in Fullerton, then for an assault on a fellow inmate in San Quentin and the murder of an inmate at the state prison in Chino. He had an almost mythic reputation in the system as a leader of the Aryan Brotherhood, or the Brand.She didn’t tell anyone about their marriage — not her parents, brothers or friends. She knew women who fell for prisoners were viewed as naive, delusional or possessed by some fetish for outlaws. She didn’t want to carry that burden as she started her career.

Pam graduated from McGeorge School of Law in Sacramento a year after the wedding and took the job in Omaha. When an appeals court threw out Robert’s murder conviction, Pam expected he would be paroled soon and they could start their life together.

Instead corrections officials sent him to Tehachapi and locked him down, under new security measures meant to control prison gangs, which were becoming increasingly potent.

Guards barely let Robert leave his cell. Robert was 38 now and trying to convince everyone he was done with the gang — that he just wanted to live a quiet life with his wife in the Midwest.

Prison officials gave him the choice all gang members were now given: “debrief” and become an informant, or stay locked up in the hole.

But becoming an informant put an inmate, and even his family, in danger. Robert told Pam he could not go down this path. He said he wanted to walk cleanly away from his life of crime. He did not want to be beholden to the government, “dancing for his dinner.”

Subprime Collapse Triggers Wave of Class Actions

Fannie Mae, Freddie Mac and other financial firms hid their true fiscal health in order to boost stock offerings, a new wave of shareholder class actions claims. According to the lawsuits, the financial firms and their executives violated responsibilities to shareholders by failing to disclose their exposure to risky subprime mortgage investments. Among the firms named in the latest filings are Freddie Mac, Fannie Mae, Morgan Stanley, Merrill Lynch, Goldman Sachs & Co., UBS Securities LLC and Wachovia Capital Markets LLC.

Government sold a drug laden vehicle and now must pay

The US government must pay more than ½ million dollars to a man who was imprisoned after 37 pounds of marijuana were discovered in a vehicle he purchased from the federal government.  Attorneys for the man claimed the customs officials failed to search the vehicle, which had been sized from drug traffickers and sold at auction. 


The award will cover lost income, medical bills, and legal fees plus the cost of the vehicle.

Is military justice broken?

Many liberals claim that the military justice system is broken and that the Uniform Code of Military Justice, the military’s criminal code, has failed or that the United States pay lip service to the law of war while disregarding it in fact.

The first response is "Hogwash." Remember that war crime charges involve very few of the many thousands of heroic U.S. war fighters in Iraq and Afghanistan, and also that being charged does not necessarily mean one is guilty. (Duh) The Uniform Code of Military Justice has proved itself in peace and combat, including in Iraq and Afghanistan. But, undeniably, there are problems in prosecuting war crimes.

Although the code works well, the law of war — the part of international law that regulates armed hostilities — does not. The wonder is that it works at all. Some war crimes go unreported. After the Abu Ghraib scandal, greater attention is now given to enforcing the law of war, which partly explains the greater number of media accounts of criminality. Our military is not riddled with criminals. Rather, commanders are paying closer attention to possible war crimes and, as required by military law, they are investigating and reporting them.

In Haditha, after an improvised explosive device killed a popular Marine, 24 Iraqi noncombatants were killed. The Marine battalion commander denied the possibility of his men’s criminality and failed to make sufficient inquiry into their actions, multiple investigations allege. Time magazine backed this up, and Marine headquarters cast a wide net in charging those possibly involved, including senior officers who may have inadequately investigated. The division commander, a two-star general, has been administratively punished.

After a shaky start in Iraq, military justice is working. Three soldiers involved in the rape-murder-burning of a 14-year-old Iraqi girl were court-martialed and sentenced to 90, 100 and 110 years confinement. Problems remain, but find a system without problems. Over time, our military’s courtroom record is good.

Fast-track executions

The Justice Department is putting the final touches on regulations that could give any Attorney General important new sway over death penalty cases in various states, including the power to shorten the time that death row inmates have to appeal convictions to federal courts.

The rules implement a little-noticed provision in last year’s reauthorization of the Patriot Act that gives the attorney general the power to decide whether individual states are providing adequate counsel for defendants in death penalty cases. The authority has been held by federal judges.

Under the rules now being prepared, if a state requested it and if the Attorney General agreed, prosecutors could use "fast track" procedures that could shave years off the time that a death row inmate has to appeal to the federal courts after conviction in a state court.

The move to shorten the appeals process and effectively speed up executions comes at a time of growing national concern about the fairness of the death penalty, underscored by the use of DNA testing to establish the innocence of more than a dozen death row inmates in recent years.

Amid the public debate, the number of people executed in the U.S. has declined steadily since the mid-1990s.

And, o f course, there is the political side as this move gives the Democrats another reason to critize Atty. General Gonzales and blame the execution of innocents on President Buish. Then there are the bleeding hearts that say the way the states administer a three-drug lethal cocktail unnecessarily risks excessive pain for the inmate and therefore violates the constitutional bar against cruel and unusual punishment. Of course, nobody seems to care about the excessive pain the convict inflicted on his or her victim.

Prosecutors say many death penalty cases take far too long to resolve even when the issue of guilt is clear. Especially in the West, where the U.S. 9th Circuit Court of Appeals in San Francisco has blocked many executions, cases can take decades to wind through the courts. In its most recent term, the U.S. Supreme Court restored the death penalty in three cases in which the 9th Circuit had reversed the sentence.

One of the cases involved a two-time Arizona murderer who told the sentencing judge: "If you want to give me the death penalty, just bring it right on." He was sentenced in 1990.

Some Arizona officials say the new procedures are long overdue. "If you are going to have the death penalty at all, it shouldn’t take 20 to 25 years," said Kent Cattani, the chief capital litigation counsel in the Arizona attorney general’s office. "Either get rid of it altogether, or try to have a good system in state courts and then accelerate it through the federal courts."

It would also impose strict guidelines on federal judges for deciding such inmates’ petitions. Federal district judges would have 450 days, appeals courts 120 days. Proponents say that would prevent foot-dragging by liberal judges.

4th Curcuit Court of Appeals Rules Accused Al Qaeda Operative Can’t Be Jailed Indefinitely

In a setback for the Bush administration, a federal appeals court ruled Monday that an alleged Al Qaeda operative arrested in the United States and detained in military custody for four years cannot be held as an enemy combatant.

The 2-1 ruling by the U.S. 4th Circuit Court of Appeals in Richmond, Va., ordered Ali Saleh Kahlah al-Marri released from a South Carolina military brig’s isolation cell, where he has been held since he was declared an enemy combatant. U.S. authorities have described al-Marri as an associate of Al Qaeda operations chief Khalid Shaikh Mohammed who came to the United States on Sept. 10, 2001, to help a "second wave" of sleeper agents bent on striking America.

Monday’s ruling held that neither the expanded post-Sept. 11 wartime powers nor the Military Commissions Act passed by Congress last year eliminated al-Marri’s constitutional rights to challenge the government’s allegations against him in a court of law.

"This is a landmark ruling for all individuals in this country, rejecting the administration’s unprecedented assertion that it can treat the entire world, including the United States, as a battlefield and jail people for life without charge and without trial simply because he labels them enemy combatants," said Jonathan L. Hafetz, litigation director of the Liberty & National Security Project at the New York University School of Law and al-Marri’s lead counsel.

Habeas corpus, which is used to challenge imprisonment and enforce due-process rights, "is what stands between the United States and a police state," Hafetz said.

However, the decision apparently applies only to al-Marri and stands a good chance of being overturned on appeal.

In her 77-page ruling for the majority, Judge Diana Gribbon Motz said al-Marri may be guilty of serious crimes, but sanctioning the indefinite detention of civilians would have "disastrous consequences for the Constitution — and the country."

"Put simply," she wrote, "the Constitution does not allow the military to seize civilians residing within the United States and detain them indefinitely without criminal process, and this is so even if they call them ‘enemy combatants.’ "

Motz said the government can transfer al-Marri to civilian authorities to face criminal charges, initiate deportation proceedings against him, hold him as a material witness in terrorism investigations or detain him for a limited time pursuant to the Patriot Act. "But military detention of al-Marri must cease," she wrote.

In a dissenting opinion, visiting Judge Henry E. Hudson said that "definitive precedent is admittedly sparse" but that the administration does have the right to hold al-Marri as an enemy combatant.

The Justice Department issued a statement saying that it was "disappointed with today’s divided decision" and that it would appeal the ruling to the entire appeals court.

Monday’s ruling does not have a direct effect on the 385 detainees at Guantanamo Bay, Cuba, because it addresses only those held within the United States.

Al-Marri, a citizen of Qatar and Saudi Arabia, is believed to be the only person on U.S. soil held as an enemy combatant. He was first detained in December 2001 at his home in Peoria, Ill., on a material witness warrant, after moving there with his wife and children to study for a master’s degree. He was later indicted in Illinois for credit-card fraud, making false statements to the FBI and other charges. He pleaded not guilty but was designated an enemy combatant before his trial began.

Al-Marri’s lawyers said their client insists he has had nothing to do with Al Qaeda.

Al-Marri, 41, was given the news of the ruling Monday by Andrew J. Savage III, the private attorney in Charleston, S.C., who has worked most closely with him and is handling the case without charge. "When I told him, he put the phone down, got down and prayed to Allah," Savage said. "Then he came back on the phone and expressed a lot of gratitude to everyone involved, the judge included."

Said Steven R. Shapiro, legal director of the American Civil Liberties Union: "It is difficult to imagine a more complete repudiation of the administration’s strategy of treating suspected terrorists as enemy soldiers who can be subject to indefinite detention by the military without charges or trial."

The Justice Department said Monday that "the president has made clear that he intends to use all available tools at his disposal to protect Americans from further Al Qaeda attack, including the capture and detention of Al Qaeda agents who enter our borders."

The department’s unsigned statement said that al-Marri trained at "Osama bin Laden’s terrorist training camp in Afghanistan" and that in the summer of 2001 he met with Mohammed, the self-described mastermind of the Sept. 11 attacks, to discuss how he could enter the United States and "explore methods of disrupting the U.S. financial system."

Some U.S. officials and legal experts suggested that a government appeal would have a good chance of succeeding, noting that Motz and Judge Roger Gregory were nominated by President Clinton, while the overall 4th Circuit is considered among the most conservative in the country. If that appeal fails, they said, the administration is likely to take the case to another court with a conservative majority: the U.S. Supreme Court.

IQ debate unsettled in death penalty cases

Five years after the Supreme Court declared in Atkins vs. Virginia that the death penalty was unconstitutional for those who are mentally retarded, Daryl Atkins still sits on death row.

In August, lawyers for the man who won the landmark ruling will try again to convince a jury here that he is indeed mentally retarded and therefore deserves a life term in prison, not execution.

Three times before, the county prosecutor has persuaded juries here to condemn Atkins to die, and she expects to win a fourth time as well. "Daryl was a slow reader. He was lazy, and he came to school stoned. But until he committed this murder, no one thought he was mentally retarded," said Eileen M. Addison, the prosecutor.

His case is not unique. Though the high court found that there was a "national consensus" against executing the mentally retarded, it left it to the states to decide which murderers would qualify for that exemption.

Determined prosecutors have had little trouble convincing juries that a convicted killer with a low IQ is not necessarily retarded. The definition of retardation is imprecise; test results can vary, giving prosecutors an opportunity to produce additional scores and other evidence to make the case that an inmate is actually smart enough to die.

The result is that the Supreme Court’s ruling has had less effect than many had foreseen.

 

Ted Bills