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Posted - 08/31/2010 05:22pm
0 Comments | Add Comment Timelessness of To Kill A Mockingbird
Harper Lee's, "To Kill A Mockingbird" is a classic tale demonstrating the importance of criminal defense attorneys and a fair criminal justice system. This summer, I listened to the audiobook version of "To Kill A Mockingbird" in celebration of its 50 years in print. The book was written before the Voting Rights Act was passed, when African-Americans and women were denied the right to sit on juries. Segregation was still the law and rape was a capital defense.
"To Kill A Mockingbird" revolves around Atticus Finch, a criminal defense attorney who zealously represented and black man falsely accused of raping a white woman. Despite the fact that he knew his neighbors would villify him for his work, Finch refused to buckle to social pressure. He showed the accuser to be a liar and the community's hypocrisy was exposed.
When explaining his work to his children, Finch said that all people should be able "to get a square deal" in Court. "To Kill A Mockingbird" will continue to inspire me to make sure my clients get a square deal.
Posted - 07/23/2010 08:13am
0 Comments | Add Comment Attorney Patterson Wins In Court
Stacie Patterson's client was accused of being involved in a real estate
fraud conspiracy
and faced up to sixteen years in prison if convicted. The client was an interpreter for
William Hutchings, the mastermind of the fraudulent scheme. The prosecution argued that
the client was involved in the conspiracy, but Attorney Patterson argued that he was innocent,
as much a victim of the scheme as the homeowners. After a six week trial the jury
refused to convict the client of any charges.
and faced up to sixteen years in prison if convicted. The client was an interpreter for
William Hutchings, the mastermind of the fraudulent scheme. The prosecution argued that
the client was involved in the conspiracy, but Attorney Patterson argued that he was innocent,
as much a victim of the scheme as the homeowners. After a six week trial the jury
refused to convict the client of any charges.
Posted - 07/02/2010 02:57pm
0 Comments | Add Comment Chelsea's Law Clears Senate Committee
On Tuesday, June 29, “Chelsea’s Law” cleared Senate Public Safety Committee.
Chelsea’s law would change the way sex-offences are managed by increasing the sentences for forcible sex crimes and also instituting a “Containment Model.” San Diego County’s Probation Department already uses a Containment Model which requires polygraph tests for offenders on probation or parole, and publicly posting each offender’s risk assessment score. Offenders on parole for 20 or more years will be banned from entering parks.
To compensate for the budget and population adjustment that would be caused by the extended sentences, the sentence for petty theft with a prior will change. This crime will now be strictly a misdemeanor (instead of a “wobbler” that can be tried as a felony or misdemeanor) and punishable by a year in jail.
Posted - 06/11/2010 09:43am
0 Comments | Add Comment Speak Up To Remain Silent
On June 1, the Supreme Court voted in favor of limiting Miranda rights
once again. The decision states that once arrested, the suspect must
"unambiguously invoke the right to remain silent". Meaning, suspects cannot
merely remain silent to invoke their right to an attorney and to remain
silent.
In her dissent, newly appointed Justice Sonia Sotomayor pointed out the
irony that the Court's ruling required suspects to speak in order to invoke their
right to remain silent.
To read the entire decision, click here
once again. The decision states that once arrested, the suspect must
"unambiguously invoke the right to remain silent". Meaning, suspects cannot
merely remain silent to invoke their right to an attorney and to remain
silent.
In her dissent, newly appointed Justice Sonia Sotomayor pointed out the
irony that the Court's ruling required suspects to speak in order to invoke their
right to remain silent.
To read the entire decision, click here
Posted - 05/12/2010 09:12am
0 Comments | Add Comment Assassin Freed On Parole
Thomas Hagan, the man convicted of assassinating Malcolm X has been
released on parole. It was Hagan's 17th parole attempt. Hagan served
45 years for the crime he admitted to committing. Two other men were
also convicted of the crime but were released in the 1980's. Both men
maintained their innocence and Hagan claims they were not involved.
During his incarceration, Hagan earned a master's degree in Sociology
and spent five days a week working in settings that included a
homeless shelter, under his work-release arrangement. He spent those
nights at his Brooklyn home with his family, while the remaining two
days were spent in a Manhattan prison.
Hagan gunned down Malcom X, on February 21, 1965. The civil rights
leader was scheduled to give a speech at the Audubon Ballroom in
Harlem when he was shot.
released on parole. It was Hagan's 17th parole attempt. Hagan served
45 years for the crime he admitted to committing. Two other men were
also convicted of the crime but were released in the 1980's. Both men
maintained their innocence and Hagan claims they were not involved.
During his incarceration, Hagan earned a master's degree in Sociology
and spent five days a week working in settings that included a
homeless shelter, under his work-release arrangement. He spent those
nights at his Brooklyn home with his family, while the remaining two
days were spent in a Manhattan prison.
Hagan gunned down Malcom X, on February 21, 1965. The civil rights
leader was scheduled to give a speech at the Audubon Ballroom in
Harlem when he was shot.
Posted - 05/10/2010 09:26am
0 Comments | Add Comment Appeal Keeps Hutaree Group In Custody
Prosecutors filed an appeal to keep Hutaree members jailed, after a judge
ruled to release the group on bond.
Initially, prosecutors stated that the public was at risk when U.S. District Judge
Victoria Roberts questioned whether or not a crime had even been committed
regarding the nine members of the Michigan militia, Hutaree. Arrested
in late March the group has been indicted for various charges
including conspiring to commit sedition and teaching the use of
explosive materials.
After two days and nearly 10 hours of testimony, Judge Roberts said that she
didn't hear an indication that violence was imminent, further stating that the
"mere presence where a crime may be planned is not a crime."
She then reportedly went on to ask prosecutors how the information added
up to seditious conspiracy.
Defense lawyers working on the case claim that hateful speech is the
basis of the prosecutors case. Additionally, the defense is seeking
for the judge to look at each defendant individually. Attorneys point
out that each member of the group was not always present during
"critical" meetings and that the transcripts did not include
instructions for anyone to commit a crime.
The prosecution is making it's case based on recordings and
information an undercover agent amassed when the agent infiltrated the
group. Assistant U.S. Attorney Ronald Waterstreet quoted part of the
transcript saying "It's now time to strike and take our nation back so
that we may be free again from tyranny. Time is up." Arthur Weiss,
Indiana attorney for one of the defendants, in return pointed out that
"disgust with the government as recorded by the undercover agent is
similar to what's said daily by radio and TV talk-show hosts Rush
Limbaugh, Glenn Beck and Sean Hannity." "Millions of people" are
talking about "taking our country back," Weiss said.
ruled to release the group on bond.
Initially, prosecutors stated that the public was at risk when U.S. District Judge
Victoria Roberts questioned whether or not a crime had even been committed
regarding the nine members of the Michigan militia, Hutaree. Arrested
in late March the group has been indicted for various charges
including conspiring to commit sedition and teaching the use of
explosive materials.
After two days and nearly 10 hours of testimony, Judge Roberts said that she
didn't hear an indication that violence was imminent, further stating that the
"mere presence where a crime may be planned is not a crime."
She then reportedly went on to ask prosecutors how the information added
up to seditious conspiracy.
Defense lawyers working on the case claim that hateful speech is the
basis of the prosecutors case. Additionally, the defense is seeking
for the judge to look at each defendant individually. Attorneys point
out that each member of the group was not always present during
"critical" meetings and that the transcripts did not include
instructions for anyone to commit a crime.
The prosecution is making it's case based on recordings and
information an undercover agent amassed when the agent infiltrated the
group. Assistant U.S. Attorney Ronald Waterstreet quoted part of the
transcript saying "It's now time to strike and take our nation back so
that we may be free again from tyranny. Time is up." Arthur Weiss,
Indiana attorney for one of the defendants, in return pointed out that
"disgust with the government as recorded by the undercover agent is
similar to what's said daily by radio and TV talk-show hosts Rush
Limbaugh, Glenn Beck and Sean Hannity." "Millions of people" are
talking about "taking our country back," Weiss said.
