Showing posts with label ProsecutorialAbuse. Show all posts
Showing posts with label ProsecutorialAbuse. Show all posts

The legal system out of control?: Engineering student who likes to blow up toilets on her property





An engineering student who likes to experiment with blowing up toilets?  Does the federal government really have nothing better to do with its time?  She owns lots of guns and ammo?  Are the pictures of her owning a hundreds of rounds of ammunition supposed to be scary?  Do these reporters understand how someone can shoot hundreds of rounds during an afternoon?  Has she threatened anyone?  She admitted to police that she has smoked pot and used meth and that she did those crimes along with owning guns seem to be enough for them to hold her.  Obama has admitted to using pot and cocaine, but even though he has admitted to that would it make any sense to arrest him?

My guess is that this woman's real mistake was talking to police without having a lawyer present.
Angela Corey, Zimmerman's prosecutor, threatens to sue Harvard Law School over Dershowitz criticisms?

Angela Corey, Zimmerman's prosecutor, threatens to sue Harvard Law School over Dershowitz criticisms?

How Corey could even get the idea that it was possible for her to sue Harvard over the remarks of one of its professors is very strange?  One would think that she would have understood academic freedom.  From Fox News:

. . . “It’s certainly professional to respond, but by calling the dean and threatening to sue the school, which she knows she cannot do, is unprofessional,” Dershowitz told FoxNews.com. “I would welcome a lawsuit from Corey. It would give me a chance to prove what an awful thing she did.”
Dershowitz, who penned a column for Newsmax revealing Corey's call to the school, said he’s received “a lot” of letters of support.
Corey’s “beef,” Dershowitz wrote, pertained to his criticism of the state attorney’s filing of a “misleading affidavit” to support the second-degree murder charge against Zimmerman in the death of 17-year-old Trayvon Martin.
“When the communications official explained to her that I have a right to express my opinion as ‘a matter of academic freedom,’ and that Harvard has no control over what I say, she did not seem to understand,” Dershowitz wrote. “She persisted in her nonstop whining, claiming that she is prohibited from responding to my attacks by the rules of professional responsibility — without mentioning that she has repeatedly held her own press conferences and made public statements throughout her career.” . . .
Prosecutor in Zimmerman cases misses deadline to release records

Prosecutor in Zimmerman cases misses deadline to release records

Between not going to the Grand Jury and the affidavit that failed to mention any exculpatory evidence, this is setting a very bad trend.  From Channel 6 in Orlando:

The special prosecutor's office on Friday refused to make that evidence public -- even though an attorney fighting for the public's access insists Friday was when Florida law required Corey to share the evidence with the millions of people following the case.
The reason the deadline for Corey's evidence to become public was Friday, according to Scott Ponce, the attorney representing media organizations seeking access, is because that was 15 days after Zimmerman's attorney served Corey with an April 12 demand for evidence. This process of the state sharing evidence with both the defendant and public at large is known as discovery.
When denying requests from the public for the Zimmerman discovery records Friday, Corey's office told Local 6 Florida law allowed her to keep the records secret using a criminal investigative exemption because "no records have been provided to the defendant."
But Ponce, who specializes in public record law, believes that Corey can no longer use that reason to withhold records from the public, now that the 15 day discovery deadline has passed. That's because Florida law specifically excludes documents "required" to be given to the defendant from the type of records that can be withheld as criminal investigative information.
When Local 6 emailed Corey and her public records attorney, Lisa DiFranza, asking for an explanation as to how they concluded the records were still exempt criminal investigative information, even though Ponce advised the information was required to be given to Zimmerman Friday, the two attorneys did not respond. Neither did Corey's spokesperson, Jackelyn Barnard, even though Florida's public record law requires an agency denying records to give a written response explaining the reasons it concluded records are exempt, when requested. . . .

The very weak "Affidavit of probable cause" in the George Zimmerman case

When I was chief economist at the US Sentencing Commission, I had the opportunity to read a number of "Affidavits of probable cause." In the one involving George Zimmerman, I am not sure that I have ever previously read a vague and incomplete affidavit like this. As Alan Dershowitz noted, the document doesn't include any information that favors the defendant. And the material in it, with the possible exception of the claim by Trayvon Martin's mom that Martin was the person who screamed for help, does not rule out that Zimmerman acted in self-defense. But it excludes extremely relevant information that the police knew about: the grass and wetness on the back of Zimmerman's shirt, the gashes on the back of his head, the bloody nose, and the other witness accounts that saw Martin on top of Zimmerman beating him before the shot was fired. If Zimmerman was on his back when he was being pummeled by Martin, that provides a clear reason for self-defense under traditional Florida law (with no reference to the Stand Your Ground necessary). Note if there was any evidence of racial animus on Zimmerman's part it would have been mentioned. Despite references to Zimmerman making derogatory statements about criminals, there is no mention of the claimed statement "f****** coons" that got so much attention. This confirms CNN's previous investigation into this. For those interested, here is an example of an "Affidavit of probable cause" from another case. It also seems clear that this case was overcharged. See this discussion here:
there are three typical situations that can constitute second degree murder: A killing done impulsively without premeditation, but with malice aforethought A killing that results from an act intended to cause serious bodily harm A killing that results from an act that demonstrates the perpetrators depraved indifference to human life
Malice Aforethought?
For example, in the situation above, instead of shooting Bill, Adam grabs a shovel and hits Bill on the head with all his strength. Adam didnt explicitly intend to kill Bill when he hit him, but he did intend to hit him with the tire iron, and he knew that such a blow to the head carried with it a distinct possibility of death. Adams killing of Bill in this instance also constitutes second degree murder. . . .
Act Intended to Cause Serious Bodily Harm?
The killer might not necessarily intend to kill the victim, but knows that death is a likely outcome. For example, in the situation above, instead of shooting Bill, Adam grabs a shovel and hits Bill on the head with all his strength. Adam didnt explicitly intend to kill Bill when he hit him, but he did intend to hit him with the tire iron, and he knew that such a blow to the head carried with it a distinct possibility of death. Adams killing of Bill in this instance also constitutes second degree murder.
Depraved Indifference to Human Life?
Depraved indifference to human life can mean different things in different jurisdictions, but in general it signifies that the perpetrator had an utter disregard for the potential damage to human life that their actions could cause. Going back to Adam and Bill, imagine that, instead of hitting Bill over the head with the tire iron, Adam grabbed his gun and fired in anger into a crowd of onlookers. Adam didnt necessarily mean to kill anyone, but also didnt give any thought to the harm that his actions could cause in the crowd. . . . .
Conviction of former Alaska Sen. Ted Stevens set aside: So where does the Senator go to get his job back?

Conviction of former Alaska Sen. Ted Stevens set aside: So where does the Senator go to get his job back?

This is really an amazing prosecutorial abuse.

A federal judge set aside the conviction of former Alaska Sen. Ted Stevens and appointed a special prosecutor to investigate possible criminal-contempt charges against federal prosecutors who the judge said repeatedly withheld evidence from defense attorneys.

U.S. District Court Judge Emmet G. Sullivan said, "In 25 years on the bench I have never seen anything approach the mishandling and misconduct I have seen in this case."

He appoined Wahington lawyer Henry Schuelke to investigate six prosecutors who handled the case. . . . .


My previous post was here.
Miscarriage of justice in Senator Stevens' Case

Miscarriage of justice in Senator Stevens' Case

The Washington Times has this note about Stevens' case:

The Justice Department admitted Wednesday that its career prosecutors acted improperly in the prosecution that drove Senator Ted Stevens from office last fall. Indeed, the trail was was so tainted that we can't independently assess the verdict against Mr. Stevens, but one thing is clear: Federal prosecutors are guilty of misconduct that cost Republicans a Senate seat.

The original corruption charges filed against the senator on July 29, 2008 alleged that Bill Allen, an Anchorage construction contractor, added an extra storey to the Stevens family chalet and under-charged the powerful politician for the work. At trial, the government claimed that the improvements cost $250,000; Mr. Stevens apparently paid $130,000. The Justice Department now acknowledges that Mr. Allen told the government on April 15, 2008 that the improvements cost Mr. Allen only $80,000. This information was not turned over to Mr. Stevens' defense team until last week. Now his lawyers now claim that Mr. Allen, the prosecution's key witness, "was subsequently 'pushed' to provide the false 'bombshell' testimony favorable to the prosecution."

"Stevens was not informed prior to or during trial" about information "that could have been used by the defendant to cross-examine" the prosecution's main witness, according to a Justice Department court filing. Prosecutors also used evidence they now admit they knew was fabricated.

After the trial ended and information of misconduct surfaced, the Justice Department replaced the prosecutors on the trial team as well as top-ranking officials in the Public Integrity Section. The prosecutors are being investigated by the department's Office of Professional Responsibility.Judge Emmet Sullivan repeatedly delayed sentencing, faulting prosecutors for what he called prosecutorial misconduct and citing them for contempt. The judge will hear a request to dismiss the case against Mr. Stevens on April 7th.

The timing of the case itself was suspect. With the exception of extraordinary circumstances, the Justice Department generally avoids indictments that are so close to elections that they could affect the outcome. Mr. Stevens' indictment came just weeks before the Republican primary, and the trial ended just a few days before the general election. Mr. Stevens lost to Anchorage Mayor Mark Begich by 1.2 percent. Absent the criminal charges, Mr. Stevens surely would have won reelection. . . . .


Palin and Alaska Republicans have this to add:

Gov. Sarah Palin and the head of the Alaska Republican Party said Thursday that Sen. Mark Begich should give his Senate seat up to a special election now that prosecutors have abandoned their case against Ted Stevens.

"Alaskans deserve to have a fair election not tainted by some announcement that one of the candidates was convicted fairly of seven felonies, when in fact it wasn't a fair conviction," Palin said in a Thursday interview with the Daily News. . . . .

Begich fired back Thursday, saying that although he believed it was clear there was misconduct during the senator's trial, he stepped into the race "long before Senator Stevens' legal troubles began, because Alaskans were looking for a change and a senator as independent as Alaska.

"Today, with our country in a severe recession, it's more important than ever that we have a senator focused on fixing our economy so Alaskans have the jobs they need to support their families," he said. "That is my job in the Senate, and I'm honored to serve Alaskans for the next six years." . . . .