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Criminal Defense News 12/2006



Stan Goff: No-knock = License to Kill (HuffingtonPost)
On November 21, Atlanta cops serving a no-knock warrant gunned down 88-year-old African American (of course) Kathryn Johnston in her own home . The controversy now is about whether or not a police informant set up the warrant, or was told to lie about it afterwards. Franky, I couldn't give two shits. We already know that cops lie all the time to cover up their own criminal activities. The

Counselor files lawsuit alleging wrongful arrest and prosecution (Murray Ledger & Times)
PADUCAH, Ky. - Local counselor Steven Alexander blames two elected officials and a state trooper for wrongfully arresting and prosecuting him for nine misdemeanor criminal accounts of practicing psychology without a license - charges a judge dismissed before the defense presented its case during an August trial.

Charles Raulston Ray, attorney for many big cases, dies at age 65 (Tennessean)
Charles Raulston Ray, an attorney long considered a pillar of Nashville's criminal defense bar, died Wednesday after a heart attack. He was 65.

Attorney Charles Ray, known for his courage and compassion, dies (Tennessean)
Charles Raulston Ray, an attorney long considered a pillar of Nashville's criminal defense bar, died Wednesday after a heart attack. He was 65. Mr. Ray had a number of high-profile criminal cases in state and federal court but was also respected for his civil case work.

Teen: Shooting self-defense (The Philadelphia Inquirer)
A baby-faced teen drug dealer with a handgun tattoo took the stand in his own defense yesterday during his murder trial. Kylief London, 17, testified in Chester County Court that he acted in self-defense when he fired a handgun at point-blank range on Nov. 1, 2005, first hitting Scott Mayo, 25, in the stomach. A second, fatal shot pierced the arm, lung, heart, and liver of Ronald Clayton Green,

AGO moves to dismiss criminal case against suspended police captain (Saipan Tribune)
Chief Prosecutor Jeffery L. Warfield Sr. yesterday moved to dismiss with finality the criminal charges against suspended Police Capt. Aniceto T. Ogumoro.

Court said won't remove Berlusconi judge (AP via Yahoo! News)
An appeals court Friday ruled against removing the lead judge in the trial of former Italian Premier Silvio Berlusconi and the estranged husband of Britain's culture minister, a setback for the defense, Italian news agencies reported.

Rumsfeld honored for citizenship amid protests (Reuters via Yahoo! News)
Outgoing Defense Secretary Donald Rumsfeld was honored for citizenship by a patriotic organization on Friday as peace protesters outside criticized his role as one of the architects of the U.S.-led war in Iraq.

Fla. Criminal Lawyer Takes Mighty Fall Over Financial Relationship With Client (Law.com)
On almost any morning, attorney John A. Garcia could be seen hustling from courtroom to courtroom at the Palm Beach County, Fla., courthouse in downtown West Palm Beach, juggling a heavy caseload.

Just Looking: Should Internet Ignorance Be a Defense to Child Porn Charges? (Law.com)
Two appellate courts recently ruled that an individual who intentionally visited Web sites to view child pornography, but who did not intentionally save those images to his computer's hard drive, could not be convicted or punished for possessing images that were automatically saved due to the Web browser's cache functions.

Judge's Book on Immigration Prompts Call for Inquiry (Law.com)
A Brooklyn, N.Y., judge who wrote a children's book in which he appears to compare illegal immigrants to weeds choking the life out of society has come under fire from criminal defense attorneys concerned that immigrants might not be receiving a fair shake in his courtroom.

Suspect's criminal history raises questions (The Clarion-Ledger)
A Jackson man arrested Friday after a standoff in Ridgeland has a history of arrests dating to 1995, including at least two murder charges, according to a booking report from the Hinds County Sheriff's Department.

Defense: Deputies sparked beating (Orange County Register)
Sheriff's Department says inmates were not told John Derek Chamberlain was a child molester.

Rumsfeld?s Memo of Options for Iraq War (New York Times)
Following is the text of a classified Nov. 6 memorandum that Defense Secretary Donald H. Rumsfeld sent to the White House suggesting new options in Iraq. The memorandum was sent one day before the midterm Congressional elections and two days before Mr. Rumsfeld resigned.

Rumsfeld's memo of options for the Iraq war (San Francisco Chronicle)
Following is the text of a classified Nov. 6 memorandum that Defense Secretary Donald H. Rumsfeld sent to the White House suggesting new options in Iraq. The memorandum was sent one day before the midterm congressional elections and two days before Rumsfeld...

Where do mental illness, criminal justice intersect? (The Longview News-Journal)
Editor's note: This report on how people with mental illnesses interact with the criminal justice system is the latest in a series on services for people with mental health needs.

Defense attorney joins judge race (Lancaster Online)
For the past 25 years, attorney Howard Knisely has defended people accused of rape, child abuse, homicide and robbery in Lancaster County Court of Common Pleas.

Rebels kill two in Thailand's Muslim south (AFP via Yahoo! News)
A policeman and a defense volunteer, both Muslims, have been killed in the latest attack by suspected Islamic separatists, police said.

Public defender board calls order abuse of power (New Orleans Times-Picayune)
The judges at Orleans Parish Criminal District Court abused their powers by ordering the struggling public defender program to supply more courtroom lawyers or face jail time, the program's board of directors argues in a new court filing.

Santa Clara Criminal Defense Lawyer Cameron Bowman Launches Web Site to Educate Clientèle on DUI Defense Matters (PR Web)
Attorney Cameron Bowman, Criminal Defense Lawyer and former Deputy District Attorney in Santa Clara County, California has retained Internet Advisors Group to professionally launch new website describing his DUI defense, domestic violence defense, federal criminal defense and professional legal services. (PRWeb Dec 3, 2006)

AGO moves to dismiss criminal case against suspended police captain (Saipan Tribune)
Chief Prosecutor Jeffery L. Warfield Sr. yesterday moved to dismiss with finality the criminal charges against suspended Police Capt. Aniceto T. Ogumoro.

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Ruling favors prosecutors in death cases (Atlanta Journal-Constitution)
To the delight of district attorneys, the Georgia Supreme Court has ruled that a judge can sit as a jury in a criminal trial only when the prosecution consents. In past years, defendants have asked judges to sit as juries in death penalty cases with the hope of getting a life sentence. Defendants have been granted the request over objections by prosecutors. But the state Supreme Court, in a 6-1

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Lawyers to study drug court (Jackson Hole News)
Valley lawyers will learn about the drug court model during a seminar today. The seminar is aimed at educating attorneys about the history and development of the drug court and will include a discussion of defense, prosecution and judicial considerations.

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Defense lawyers' group returns (The Herald-Sun)
The Durham Criminal Defense Lawyers Association is undergoing its second revival in a little over a decade, but with a toned-down agenda.

James Wyrsch (BizJournals)
James Wyrsch Firm: Wyrsch Hobbs & Mirakian PC Practice areas: White-collar criminal defense, complex civil litigation Law school: Georgetown University, JD, 1966; University of Missouri-Kansas City, LLM, 1972 Licensed: Missouri Web site: www.whmllaw.com Quote: "One of the most interesting things in my career was to argue in the United States Supreme Court in 1996 in a case called

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Fla. Criminal Lawyer Takes Mighty Fall Over Financial Relationship With Client (Law.com via Yahoo! Finance)
Florida criminal lawyer John A. Garcia mostly defended people facing serious drug charges. Now Garcia, who was well-liked by prosecutors, judges and other defense lawyers, will likely be joining some of his former clients behind bars on charges of illegally structuring transactions and giving false statements to the Drug Enforcement Administration.

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State must offer criminal defense (The Clarion-Ledger)
At the recent Public Defender Task Force meeting, Montgomery County Chancery Clerk Talmaldge Golding detailed the enormous financial burden his county has encountered as a result of capital murder prosecutions ("Panel: System of defenders sorely needed," Nov. 11).

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U.S. Marine Guilty in Philippine Rape Case (New York Times)
The conviction ended an emotional year-long case that tested Philippine-American relations and revived calls for the abrogation of a controversial defense agreement.

Does program coach young witnesses? (San Diego Union-Tribune)
Dec. 4 (UNION-TRIBUNE): Defense lawyers are raising questions about the way a privately run program introduces young witnesses to courtroom settings before the children are called to testify in criminal cases.

Gates Hearing Expected to Focus on Iraq (NPR)
A confirmation hearing for Robert Gates before the Senate Armed Services Committee is scheduled for Tuesday. President Bush nominated the former CIA director to replace Defense Secretary Donald Rumsfeld.

Veteran attorney pleads guilty in drug money case (The Palm Beach Post)
WEST PALM BEACH - Veteran criminal defense attorney John Garcia pleaded guilty Monday to federal charges of helping a drug dealer and former client conceal financial transactions, then lying about it to drug enforcement agents.

Defense lawyers' group returns (The Herald-Sun)
The Durham Criminal Defense Lawyers Association is undergoing its second revival in a little over a decade, but with a toned-down agenda.

West Palm attorney admits helping drug trafficker, and lying about it (Sun-Sentinel)
WEST PALM BEACH -- Before the plea conference even got under way Monday morning, emotion overcame criminal defense attorney John Anthony Garcia.

Gates Prepares for Senate Confirmation Hearings (NPR)
This week, the Senate will hold confirmation hearings for Robert Gates to replace outgoing Defense Secretary Donald Rumsfeld.

Geary County Judge to Jail, Pleads Guilty to Criminal Charges (KSNT Topeka)
An 8th Judicial District Judge was sentenced to one-year probation and had to surrender his license to practice law Monday after pleading guilty to criminal charges.

Defense attorney pleads to own guilt (The Palm Beach Post)
Veteran criminal defense attorney John Garcia pleaded guilty Monday to federal charges of helping a drug dealer and former client conceal financial transactions and lying about it to drug enforcement agents.

Boot lawyer off case, feds urge (The Salt Lake Tribune)
Prosecutors are seeking to disqualify the lawyer for a Layton couple accused of stealing federal grant money from Davis School District, claiming he gave legal advice to witnesses in the criminal investigation. The defense attorney, Paul Gotay, denies that his actions have caused a legal conflict that would require him to step down and is fighting to continue his representation of Susan G.

Suspect looks at insanity defense (Fremont Tribune)
The court-appointed defense attorney for a North Bend man charged with first-degree murder took the first step to an insanity defense Monday in Dodge County District Court.

Tuesday, December 5 (CNN.com)
WASHINGTON (CNN) -- After just one day of testimony, the Senate Armed Services Committee on Tuesday unanimously approved Robert Gates' nomination to be the next defense secretary and sent it on to the full Senate, where debate on his confirmation will begin Wednesday.

Marine Corps: Criminal charges being finalized in Haditha case (North County Times)
CAMP PENDLETON ---- Military prosecutors are putting the final touches on criminal charges against members of a Camp Pendleton platoon responsible for the deaths of 24 Iraqi civilians, a Marine Corps spokesman said Tuesday.

Attorneys angry over pay cut in capital cases (Atlanta Journal-Constitution)
A recent state decision to reduce payments to defense attorneys in capital cases is rippling through the criminal justice system, including Gwinnett County. Gwinnett Superior Court Judge William M. Ray II brought officials from the Georgia Public Defenders Standards Council to his Lawrenceville courtroom Tuesday. Council administrators recently told some private attorneys that their pay for

Change Of Venue Sought In Nursing Home Deaths Case (WDSU TheNewOrleansChannel.com via Yahoo! News)
The owners of a nursing home want their criminal trial moved to a new location.

Marine Corps: Criminal charges being finalized in Haditha case (North County Times)
CAMP PENDLETON ---- Military prosecutors are putting the final touches on criminal charges against members of a Camp Pendleton platoon responsible for the deaths of 24 Iraqi civilians, a Marine Corps spokesman said Tuesday.




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