I've been down in the Florida Keys this past week, but not for vacation or fun.
As the below article states, we ended up with a complete win in an attempted first degree murder case which raised self-defense under Florida's Stand-Your-Ground Self Defense law. Two of the three charges, including Attempted First Degree Murder with a Firearm, were dismissed before trial based upon self-defense immunity.
We went to trial on the charge of Carrying a Concealed Firearm, and we won on that count as well.
Here's the article by reporter Kevin Wadlow from the Keynoter newspaper in the Keys (in red):
Five years later, Stand Your Ground case ends
By KEVIN WADLOW
kwadlow@keynoter.com
Posted - Saturday, January 28, 2012 05:50 AM EST
The final charge against a man who shot an attacker in self-defense five years ago in Key Largo was dismissed Thursday.
Jorge Correa, 44, walked away from the Plantation Key Courthouse a free man after Monroe County Circuit Judge Luis Garcia granted a direct acquittal.
"We're relieved that after five years, we finally have our lives back," said Dora Sanchez, Correa's wife.
Counts of attempted murder and discharging a firearm that were filed after the 2007 incident at the Key Largo Ocean Resort, a gated RV park near mile marker 95, were dropped in April 2011 under Florida's so-called Stand Your Ground law that allows self-defense.
Monroe County State Attorney's Office prosecutors and Garcia agreed at a subsequent August hearing that Correa must face the one remaining count of carrying a concealed weapon without a permit. A six-member jury was seated Monday for the Thursday trial on that count.
After the state made its case, defense attorneys William Matthewmen and Richard Hersch argued the prosecution's case lacked enough evidence to proceed.
"Judge Garcia agreed that the case was too weak to go to a jury," Matthewman said.
"We felt from the very beginning that Mr. Correa had every right to defend himself," Matthewman said. "We believed he was not guilty but you never know what's going to happen, so we're very pleased with the result."
Correa, a Hialeah resident, told Monroe County Sheriff's Office investigators that in the 2007 incident, he was attacked and beaten by a fellow weekend resident who was nursing a grudge.
Luis Figueroa was shot three times with a .32-caliber pistol but survived.
Figueroa later admitted in court that he provoked the fight but said he was alone. Correa and witnesses said two other men also were involved.
"It was a difficult case because the alleged victim was shot three times," Matthewman said.
After the most serious charges were dropped on self-defense grounds, Thursday's trial centered on whether Correa was carrying a gun that was unlawfully concealed. Since the handgun was tucked into Correa's waistband, it was "readily observable," Matthewman said.
"He was beaten and suffered significant injuries," Matthewman said. "He clearly acted in self-defense."
"This very dark cloud over Mr. Correa and his family has finally been lifted and he has been fully exonerated," Matthewman said.
Correa, who described himself as a former security guard in his native Cuba, acknowledged he did not have a concealed-weapon permit in 2007. Still, he and his wife said they do not regret his decision to bring the pistol that night. "Thank God he had that gun," Sanchez said.
Saturday, January 28, 2012
Sunday, January 1, 2012
Thursday, December 8, 2011
JURORS' ALLEGED "MISCONDUCT" CAUSES REVERSAL OF 2 DEATH SENTENCES IN 2 DIFFERENT CASES
Recently, a Federal Court in Boston and a State Court in Arkansas threw out 2 death sentences in 2 different cases.
The reason?
Alleged JUROR MISCONDUCT.
That's right. Not because of the actions of the prosecutor, or of the Judge, or of the defense counsel, but because a person on the federal jury allegedly lied, and a person on the state jury allegedly tweeted during trial another juror allegedly slept during trial.
The Federal case was US v. David Sampson. The District Court Judge in Boston determined that a member of the jury had been untruthful in her answers during jury selection (also called "Voir Dire") and that because of those alleged false answers, the death sentence must be set aside and a new penalty phase trial held. Here below in red is an excerpt from an Associated Press article on the subject:
By DENISE LAVOIE, Associated Press
BOSTON -- A federal judge on Thursday threw out the death penalty sentence against a man convicted of killing three people in Massachusetts and New Hampshire during a weeklong crime spree in 2001 and ordered a new trial to determine if he will be put to death.
Chief U.S. District Judge Mark Wolf ruled that Gary Sampson was denied his constitutional right to have his sentence decided by an impartial jury and that he is "entitled to a new trial to determine whether the death penalty is justified in his case."
The judge's decision was angrily denounced by the father of Jonathan Rizzo, one of Sampson's victims.
"I wish I could say I was surprised. I'm not surprised, I'm extremely disappointed and phenomenally outraged at the fact that one man with the ego the size of Judge Wolf's tried to overturn the good work done by so many people in coming to the right decision many years ago," Mike Rizzo told reporters in a conference call.
Sampson, a drifter who was raised in Abington, pleaded guilty to carjacking two Massachusetts men after each picked him up hitchhiking. He said he forced both men to drive to secluded spots, assured them he only wanted to steal their cars, then stabbed them repeatedly and slit their throats.
He then fled to New Hampshire, broke into a house in Meredith and strangled a third man.
In a motion for a new trial, Sampson's lawyers argued that three jurors had given inaccurate answers to questions they were asked during the jury selection process.
Wolf found that one of the jurors had intentionally and repeatedly answered questions dishonestly in an attempt to avoid talking about subjects that were painful to her. She never disclosed, for example, that her husband had a rifle and had threatened to shoot her, that she had ended her marriage because of her husband's substance abuse and that her daughter had served time in prison because of a drug problem.
Wolf said in his ruling that if the woman had disclosed those things during the jury selection process, the court would have found that there was a "high risk" that after listening to the evidence at Sampson's trial, her decision on whether to sentence Sampson to death could have been influenced by her life experiences. Wolf said the woman likely would have been excused from serving on the jury.
"In essence, despite dedicated efforts by the parties and the court to assure that the trial would be fair and the verdict final, it has now been proven that perjury by a juror resulted in a violation of Sampson's constitutional right to have the issue of whether he should live or die decided by twelve women and men who were each capable of deciding that most consequential question impartially," wrote Wolf, who presided at Sampson's trial.
A link to the full article is here: http://www.huffingtonpost.com/2011/10/21/gary-sampson-death-penalty_n_1023785.html
And in the Arkansas state court case, the entire murder conviction (not just the death penalty sentence as in Gary Sampson's case) was reversed because one juror alleged tweeted during the trial and another juror allegedly slept! The Arkansas case was State v. Erickson Dimas-Martinez. His conviction was reversed. He gets a new trial. Below in red is the Associated Press article:
The Arkansas Supreme Court on Thursday tossed out a death row inmate's murder conviction and said he deserves a new trial because one juror slept and another tweeted during court proceedings.
Erickson Dimas-Martinez's attorneys had appealed his 2010 murder conviction because a juror sent tweets despite the judge's instruction not to post on the Internet or communicate with anyone about the case. The lawyers also complained that another juror slept.
In one tweet, juror Randy Franco wrote: "Choices to be made. Hearts to be broken...We each define the great line." Less than an hour before the jury announced its verdict, he tweeted: "It's over."
Other tweets by Franco made passing references to the trial, with posts such as, "the coffee sucks here" and "Court. Day 5. Here we go again."
The court said Franco, known as Juror 2 in court documents, violated general instructions to not discuss the case. Before opening arguments, the judge said: "Just remember, never discuss this case over your cell phone. .... and don't Twitter anybody about this case."
Franco didn't immediately return a message left Thursday, but he has defended his tweets in the past.
"None of my texts indicated anything about the trial," he told the Arkansas Democrat-Gazette last year. "I hadn't made up my mind."
That explanation seemed to satisfy a lower court judge, but it didn't sit well with the state's highest court.
"Because of the very nature of Twitter as an ... online social media site, Juror 2's tweets about the trial were very much public discussions. Even if such discussions were one-sided, it is in no way appropriate for a juror to state musings, thoughts, or other information about a case in such a public fashion," Associate Justice Donald Corbin wrote.
The justices also used the case to point out that a wide array of juror misconduct can come into play when jurors have unrestricted access to their cell phones during a trial.
"Most mobile phones now allow instant access to a myriad of information. Not only can jurors access Facebook, Twitter, or other social media sites, but they can also access news sites that might have information about a case," Corbin wrote.
He also asked a panel to consider whether to limit jurors' access to cell phones during trials.
Janice Vaughn, who argued Dimas-Martinez's case in front of the state Supreme Court last month, said the case will likely bring about new rules governing jurors' cell phone usage.
Vaughn said both examples of juror misconduct - the tweeting and the sleeping - were such profound errors that "it had to be overturned."
An assistant attorney general had argued that the tweets were merely about the juror's feelings and not about specifics of the trial. Aaron Sadler, a spokesman for the attorney general, said Thursday that the state hasn't decided what it will do next.
"We are currently reviewing the Court's decision and will confer with the local prosecutor on next steps," Sadler said in an email.
Courts in Arkansas and around the country are grappling with problems caused by jurors using Twitter, Facebook or other online services during trials. In 2009, a Washington County judge dismissed an attempt to overturn a $12.6 million judgment against a building materials company, despite the firm's complaint that a juror's Twitter posts showed bias.
Dimas-Martinez, now 26, was sent to death row for robbing and shooting a teenager after a party in northwest Arkansas in 2006. Prosecutors said Dimas-Martinez held 17-year-old Derrick Jefferson at gunpoint and demanded his money before he shot him.
So there you have it:
2 murder trials
2 Death Sentences
2 Reversals.
All because of jurors who allegedly did not follow the rules.
The issue of social media invading the jury box and the jury room is a very serious one in this day and age. Many of us have had to deal with the reach of social media into the jury room during trials. The reason this is a serious problem is that jurors are supposed to only base their decision on what they hear and see in court-----and not rely on tweets, or google searches, or news reports or blog postings----to arrive at their serious decisions.
Let's face it: the jury is the one thing that stands between the power of the government and your freedom. Wouldn't you want everyone on your jury to be honest and forthright in their answers, and follow all the rules, including those against tweeting or use of social media during trial? And wouldn't you want your jurors to be honest? And to stay awake during trial? As a defense attorney who handles jury trials, these are very serious issues that go to the heart of our justice system.
This area of "juror misconduct" is an area where problems will continue to arise and cases will continue to be affected. The use of social media----which pervades all of society------also even pervades the jury room! Something to be very careful of when we try cases.
The reason?
Alleged JUROR MISCONDUCT.
That's right. Not because of the actions of the prosecutor, or of the Judge, or of the defense counsel, but because a person on the federal jury allegedly lied, and a person on the state jury allegedly tweeted during trial another juror allegedly slept during trial.
The Federal case was US v. David Sampson. The District Court Judge in Boston determined that a member of the jury had been untruthful in her answers during jury selection (also called "Voir Dire") and that because of those alleged false answers, the death sentence must be set aside and a new penalty phase trial held. Here below in red is an excerpt from an Associated Press article on the subject:
By DENISE LAVOIE, Associated Press
BOSTON -- A federal judge on Thursday threw out the death penalty sentence against a man convicted of killing three people in Massachusetts and New Hampshire during a weeklong crime spree in 2001 and ordered a new trial to determine if he will be put to death.
Chief U.S. District Judge Mark Wolf ruled that Gary Sampson was denied his constitutional right to have his sentence decided by an impartial jury and that he is "entitled to a new trial to determine whether the death penalty is justified in his case."
The judge's decision was angrily denounced by the father of Jonathan Rizzo, one of Sampson's victims.
"I wish I could say I was surprised. I'm not surprised, I'm extremely disappointed and phenomenally outraged at the fact that one man with the ego the size of Judge Wolf's tried to overturn the good work done by so many people in coming to the right decision many years ago," Mike Rizzo told reporters in a conference call.
Sampson, a drifter who was raised in Abington, pleaded guilty to carjacking two Massachusetts men after each picked him up hitchhiking. He said he forced both men to drive to secluded spots, assured them he only wanted to steal their cars, then stabbed them repeatedly and slit their throats.
He then fled to New Hampshire, broke into a house in Meredith and strangled a third man.
In a motion for a new trial, Sampson's lawyers argued that three jurors had given inaccurate answers to questions they were asked during the jury selection process.
Wolf found that one of the jurors had intentionally and repeatedly answered questions dishonestly in an attempt to avoid talking about subjects that were painful to her. She never disclosed, for example, that her husband had a rifle and had threatened to shoot her, that she had ended her marriage because of her husband's substance abuse and that her daughter had served time in prison because of a drug problem.
Wolf said in his ruling that if the woman had disclosed those things during the jury selection process, the court would have found that there was a "high risk" that after listening to the evidence at Sampson's trial, her decision on whether to sentence Sampson to death could have been influenced by her life experiences. Wolf said the woman likely would have been excused from serving on the jury.
"In essence, despite dedicated efforts by the parties and the court to assure that the trial would be fair and the verdict final, it has now been proven that perjury by a juror resulted in a violation of Sampson's constitutional right to have the issue of whether he should live or die decided by twelve women and men who were each capable of deciding that most consequential question impartially," wrote Wolf, who presided at Sampson's trial.
A link to the full article is here: http://www.huffingtonpost.com/2011/10/21/gary-sampson-death-penalty_n_1023785.html
And in the Arkansas state court case, the entire murder conviction (not just the death penalty sentence as in Gary Sampson's case) was reversed because one juror alleged tweeted during the trial and another juror allegedly slept! The Arkansas case was State v. Erickson Dimas-Martinez. His conviction was reversed. He gets a new trial. Below in red is the Associated Press article:
The Arkansas Supreme Court on Thursday tossed out a death row inmate's murder conviction and said he deserves a new trial because one juror slept and another tweeted during court proceedings.
Erickson Dimas-Martinez's attorneys had appealed his 2010 murder conviction because a juror sent tweets despite the judge's instruction not to post on the Internet or communicate with anyone about the case. The lawyers also complained that another juror slept.
In one tweet, juror Randy Franco wrote: "Choices to be made. Hearts to be broken...We each define the great line." Less than an hour before the jury announced its verdict, he tweeted: "It's over."
Other tweets by Franco made passing references to the trial, with posts such as, "the coffee sucks here" and "Court. Day 5. Here we go again."
The court said Franco, known as Juror 2 in court documents, violated general instructions to not discuss the case. Before opening arguments, the judge said: "Just remember, never discuss this case over your cell phone. .... and don't Twitter anybody about this case."
Franco didn't immediately return a message left Thursday, but he has defended his tweets in the past.
"None of my texts indicated anything about the trial," he told the Arkansas Democrat-Gazette last year. "I hadn't made up my mind."
That explanation seemed to satisfy a lower court judge, but it didn't sit well with the state's highest court.
"Because of the very nature of Twitter as an ... online social media site, Juror 2's tweets about the trial were very much public discussions. Even if such discussions were one-sided, it is in no way appropriate for a juror to state musings, thoughts, or other information about a case in such a public fashion," Associate Justice Donald Corbin wrote.
The justices also used the case to point out that a wide array of juror misconduct can come into play when jurors have unrestricted access to their cell phones during a trial.
"Most mobile phones now allow instant access to a myriad of information. Not only can jurors access Facebook, Twitter, or other social media sites, but they can also access news sites that might have information about a case," Corbin wrote.
He also asked a panel to consider whether to limit jurors' access to cell phones during trials.
Janice Vaughn, who argued Dimas-Martinez's case in front of the state Supreme Court last month, said the case will likely bring about new rules governing jurors' cell phone usage.
Vaughn said both examples of juror misconduct - the tweeting and the sleeping - were such profound errors that "it had to be overturned."
An assistant attorney general had argued that the tweets were merely about the juror's feelings and not about specifics of the trial. Aaron Sadler, a spokesman for the attorney general, said Thursday that the state hasn't decided what it will do next.
"We are currently reviewing the Court's decision and will confer with the local prosecutor on next steps," Sadler said in an email.
Courts in Arkansas and around the country are grappling with problems caused by jurors using Twitter, Facebook or other online services during trials. In 2009, a Washington County judge dismissed an attempt to overturn a $12.6 million judgment against a building materials company, despite the firm's complaint that a juror's Twitter posts showed bias.
Dimas-Martinez, now 26, was sent to death row for robbing and shooting a teenager after a party in northwest Arkansas in 2006. Prosecutors said Dimas-Martinez held 17-year-old Derrick Jefferson at gunpoint and demanded his money before he shot him.
So there you have it:
2 murder trials
2 Death Sentences
2 Reversals.
All because of jurors who allegedly did not follow the rules.
The issue of social media invading the jury box and the jury room is a very serious one in this day and age. Many of us have had to deal with the reach of social media into the jury room during trials. The reason this is a serious problem is that jurors are supposed to only base their decision on what they hear and see in court-----and not rely on tweets, or google searches, or news reports or blog postings----to arrive at their serious decisions.
Let's face it: the jury is the one thing that stands between the power of the government and your freedom. Wouldn't you want everyone on your jury to be honest and forthright in their answers, and follow all the rules, including those against tweeting or use of social media during trial? And wouldn't you want your jurors to be honest? And to stay awake during trial? As a defense attorney who handles jury trials, these are very serious issues that go to the heart of our justice system.
This area of "juror misconduct" is an area where problems will continue to arise and cases will continue to be affected. The use of social media----which pervades all of society------also even pervades the jury room! Something to be very careful of when we try cases.
Saturday, June 18, 2011
ROGUE FEDERAL INFORMANTS PRESENT A MAJOR PROBLEM IN THE CRIMINAL JUSTICE SYSTEM
The government often uses informants to infiltrate criminal organizations like gangs and criminal conspiracies.
Used properly, with close and careful supervision by their handler (agent), informants can be a very effective tool in uncovering crime and helping the government prosecute criminals.
But used improperly, or not closely and carefully supervised, informants can lie, cheat, and even commit crimes while they are acting as paid government informants.
The Federal government is currently dealing with a rogue MS-13 gang informant. That rouge informant is causing serious problems in a federal gang prosecution of alleged MS-13 gang members. Below in red are the two lead paragraphs from the recent Wall Street Journal article:
As a paid undercover informant, Jaime Martinez helped federal agents take down the San Francisco chapter of Mara Salvatrucha, or MS-13, a violent gang spanning the U.S. and Central America.
But while providing information to federal authorities from 2005 to 2008, Mr. Martinez also served as the gang's leader. He ordered underlings to kill and steal, while he himself stole cars and led a home robbery that ended with a stabbing, among other transgressions.
A link to the entire article is here:
http://online.wsj.com/article/SB10001424052702304906004576369980920377592.html?mod=googlenews_wsj
This case will be closely watched by all of us who work in the federal criminal justice system. The rogue informant mentioned in the article was paid over $100,000 by the Federal government as an informant and yet is said to have committed violent crimes while he was being paid his federal informant fees. This is a pretty startling revelation. I am sure we will be hearing more about this in the future.
Used properly, with close and careful supervision by their handler (agent), informants can be a very effective tool in uncovering crime and helping the government prosecute criminals.
But used improperly, or not closely and carefully supervised, informants can lie, cheat, and even commit crimes while they are acting as paid government informants.
The Federal government is currently dealing with a rogue MS-13 gang informant. That rouge informant is causing serious problems in a federal gang prosecution of alleged MS-13 gang members. Below in red are the two lead paragraphs from the recent Wall Street Journal article:
As a paid undercover informant, Jaime Martinez helped federal agents take down the San Francisco chapter of Mara Salvatrucha, or MS-13, a violent gang spanning the U.S. and Central America.
But while providing information to federal authorities from 2005 to 2008, Mr. Martinez also served as the gang's leader. He ordered underlings to kill and steal, while he himself stole cars and led a home robbery that ended with a stabbing, among other transgressions.
A link to the entire article is here:
http://online.wsj.com/article/SB10001424052702304906004576369980920377592.html?mod=googlenews_wsj
This case will be closely watched by all of us who work in the federal criminal justice system. The rogue informant mentioned in the article was paid over $100,000 by the Federal government as an informant and yet is said to have committed violent crimes while he was being paid his federal informant fees. This is a pretty startling revelation. I am sure we will be hearing more about this in the future.
Thursday, May 5, 2011
FATAL SHOOTING BY MIAMI POLICE OFFICER JOSEPH MARIN OF DRIVER IN OVERTOWN SECTION OF MIAMI RULED JUSTIFIABLE
Officer Joseph Marin of the Miami Police Department has been cleared of any wrongdoing regarding his fatal shooting of the driver of a vehicle in the Overtown section of Miami, Florida in July, 2010. The Miami-Dade State Attorney's Office has ruled the shooting to be legally justified.
Below in blue is the Miami Herald video:
http://www.miamiherald.com/video/index.html?media_id=86138581
The Miami Herald article is reproduced below in red:
Miami officer cleared in fatal shooting of unarmed motorist in Overtown
BY DAVID OVALLE AND CHARLES RABIN
DeCarlos Moore Investigators may never know exactly what spurred DeCarlos Moore to disobey police commands and run back to his car during a tense traffic stop in Overtown last July.
But Moore, 36, sealed his fate when he reached into his open driver’s side window, was seen holding something metallic in his hand, and turned to face the officers. Rookie Miami Police Officer Joseph Marin, fearing Moore was armed, fired one lethal round to his head, authorities said.
The shiny object in question was likely a fist-sized batch of crack cocaine wrapped in aluminum foil, according to a final report released Thursday. And Marin was justified in using lethal force, Miami-Dade prosecutors concluded in the first detailed account of the first of seven controversial fatal shootings in seven months in Miami.
The ruling comes after more than a year of intense scrutiny on Miami police by politicians, community activists and relatives who have decried the shootings and how the department has handled them.
Investigations into the six other fatal shootings remain open, but their outcomes are expected to be similar because police officers are rarely prosecuted for killing someone in the line of duty. All but two of the slain men were armed.
“After a thorough review of all the facts, evidence and witness statements and studiously examining existing Florida statutes, it is our conclusion that the shooting death of DeCarlos Moore did not involve any criminal violation of Florida law,” said Miami-Dade State Attorney Katherine Fernandez Rundle, who met with dissatisfied relatives to explain the decision for more than two hours Thursday.
One cousin, Carl Jackson, said after the meeting that prosecutors “didn’t do a thorough enough investigation.”
The shootings have roiled relations between inner-city residents and law enforcement. The rapid sequence of shootings also served as fodder for Miami Mayor Tomas Regalado and city Commissioner Richard P. Dunn II in their fight to remove Miami Police Chief Miguel Exposito.
A police department spokesman declined to comment on Thursday’s final report because Marin still faces an internal investigation into whether he broke any department policies when he killed Moore.
The memo closing the prosecutors’ probe, penned by Assistant State Attorney Frank Ledee, outlined the incident like this:
Marin, a 12-year Army veteran, was in his third month of patrol, riding with field training officer Viona Browne-Williams on July 5, 2010.
At about 11:30 a.m., as the uniformed officers patrolled Overtown in their marked car, they noticed a white, two-door Honda Accord. The officers ran the plate through a national computer system, which flashed back a message that the car may have been stolen.
As it turned out, that was wrong. The computer mixed up the car’s vehicle identification number with a similar one for a dirt bike stolen in Red Wing, Minn. But the officers did not know that at the time.
The Honda, its driver’s side window down, pulled over near a small market in the 1600 block of Northwest Third Avenue. Moore got out, walked toward the market and had returned to his car when the officers pulled up, about two car lengths behind the Honda.
Marin and Browne-Williams, according to investigators, took defensive positions behind their open doors, then ordered Moore to walk toward them and place his hands on the hood of the police car. Several witnesses gave conflicting accounts on whether Marin ordered Moore to stand put or approach.
Moore got about half way to the police car when he suddenly hustled back to the Honda. “He then leaned into the passenger compartment whereby his head, upper torso and hands were obscured,” the close-out report said.
“He appeared to be either placing something into, or retrieving something from, the passenger compartment of his car. He then pulled out of the car, turned to his right and faced the officers,” the report said.
Marin quickly felled him with a single bullet to the front of the head, the physical evidence showed. The officer declined to give a statement, as is his legal right, but told prosecutors through his lawyer that he “saw a metallic object in Mr. Moore’s hand as he turned to face the officers and that he perceived that object to be a threat,’’ the report said.
Browne-Williams, meanwhile, did not fire her weapon, but “she testified that as he exited the car, she saw something in his hands. She believed under these circumstances that he might have been retrieving a weapon from inside the car, and she herself was an instant away from firing upon Mr. Moore,” according to the report.
The packages of crack – small, yellow plastic bags printed with Batman emblems – and a pair of metallic sunglasses were found next to his body. Toxicology tests showed Moore had cocaine and amphetamines in his system at the time.
A small amount of marijuana was found inside the front-door panel pocket of Moore’s car. Investigators theorize that he either had the various drugs in his pockets or in plain view in the car and went back to the Accord to hide them from the police. They believe he had successfully stashed the marijuana and was trying to do the same with the cocaine when he turned to face the officer, who was yelling commands.
Moore had served two prison terms – 14 years for a 1989 second-degree murder conviction and 10 months for sale and trafficking in cocaine. He got out of prison in November 2007.
Prosecutors reviewed a host of potential charges against Marin. A manslaughter charge could not be proved because under state law, officers can use deadly force if they believe it will “prevent imminent death or great bodily harm to himself or another.” They also considered but rejected a second-degree murder charge, the report said.
Another obstacle to prosecution: Since the 2005 “Stand Your Ground’’ law was passed, any citizen — including officers — can be granted “immunity” from prosecution if a judge rules he or she was justified in using deadly force.
Former Miami-Dade Assistant State Attorney David Waksman said officers are rarely prosecuted for on-duty shootings because it is difficult to prove they did not have a reasonable fear of great harm.
“For an officer, or even a civilian, it’s very hard for prosecutors to meet that burden beyond a reasonable doubt,” Waksman said.
In her 18 years, Fernandez Rundle has never charged a police officer with unlawfully killing someone on duty.
Bill Matthewman, Marin’s attorney, hailed Fernandez Rundle’s decision.
“From day one I’ve been saying this is a completely justified shooting,’’ he said, adding, however, that “it’s a shame anyone loses a life."
Matthewman said he hopes prosecutors’ findings “defuse’’ the political firestorm surrounding the shootings.
Politics were certainly a consideration for prosecutors.
On Thursday afternoon, Commissioner Dunn joined Moore’s mother and more than a half-dozen other relatives, along with family attorney Elwood Lippincott, in a meeting with Fernandez Rundle and her top aides.
Afterward, Moore’s mother looked shaken as she was consoled by family members. Most of the group declined to talk to a reporter.
The family would “rather not comment, they’re just trying to digest everything,” Lippincott said. Dunn — who has led the drumbeat calling for Exposito’s resignation and quicker investigations into the shootings — left quickly, and did not return several messages for comment.
The Rev. Anthony Tate, president of People United to Lead the Struggle for Equality, an organization that has worked with the families of the slain men, said in a later interview that he had expected the state to find the shooting justified.
"What I expect is the [U.S.] Justice Department to look into it and take appropriate action," he said. "[Prosecutors] have a track record of saying shootings are justified … DeCarlos Moore didn’t commit a crime.”
Below in blue is the Miami Herald video:
http://www.miamiherald.com/video/index.html?media_id=86138581
The Miami Herald article is reproduced below in red:
Miami officer cleared in fatal shooting of unarmed motorist in Overtown
BY DAVID OVALLE AND CHARLES RABIN
DeCarlos Moore Investigators may never know exactly what spurred DeCarlos Moore to disobey police commands and run back to his car during a tense traffic stop in Overtown last July.
But Moore, 36, sealed his fate when he reached into his open driver’s side window, was seen holding something metallic in his hand, and turned to face the officers. Rookie Miami Police Officer Joseph Marin, fearing Moore was armed, fired one lethal round to his head, authorities said.
The shiny object in question was likely a fist-sized batch of crack cocaine wrapped in aluminum foil, according to a final report released Thursday. And Marin was justified in using lethal force, Miami-Dade prosecutors concluded in the first detailed account of the first of seven controversial fatal shootings in seven months in Miami.
The ruling comes after more than a year of intense scrutiny on Miami police by politicians, community activists and relatives who have decried the shootings and how the department has handled them.
Investigations into the six other fatal shootings remain open, but their outcomes are expected to be similar because police officers are rarely prosecuted for killing someone in the line of duty. All but two of the slain men were armed.
“After a thorough review of all the facts, evidence and witness statements and studiously examining existing Florida statutes, it is our conclusion that the shooting death of DeCarlos Moore did not involve any criminal violation of Florida law,” said Miami-Dade State Attorney Katherine Fernandez Rundle, who met with dissatisfied relatives to explain the decision for more than two hours Thursday.
One cousin, Carl Jackson, said after the meeting that prosecutors “didn’t do a thorough enough investigation.”
The shootings have roiled relations between inner-city residents and law enforcement. The rapid sequence of shootings also served as fodder for Miami Mayor Tomas Regalado and city Commissioner Richard P. Dunn II in their fight to remove Miami Police Chief Miguel Exposito.
A police department spokesman declined to comment on Thursday’s final report because Marin still faces an internal investigation into whether he broke any department policies when he killed Moore.
The memo closing the prosecutors’ probe, penned by Assistant State Attorney Frank Ledee, outlined the incident like this:
Marin, a 12-year Army veteran, was in his third month of patrol, riding with field training officer Viona Browne-Williams on July 5, 2010.
At about 11:30 a.m., as the uniformed officers patrolled Overtown in their marked car, they noticed a white, two-door Honda Accord. The officers ran the plate through a national computer system, which flashed back a message that the car may have been stolen.
As it turned out, that was wrong. The computer mixed up the car’s vehicle identification number with a similar one for a dirt bike stolen in Red Wing, Minn. But the officers did not know that at the time.
The Honda, its driver’s side window down, pulled over near a small market in the 1600 block of Northwest Third Avenue. Moore got out, walked toward the market and had returned to his car when the officers pulled up, about two car lengths behind the Honda.
Marin and Browne-Williams, according to investigators, took defensive positions behind their open doors, then ordered Moore to walk toward them and place his hands on the hood of the police car. Several witnesses gave conflicting accounts on whether Marin ordered Moore to stand put or approach.
Moore got about half way to the police car when he suddenly hustled back to the Honda. “He then leaned into the passenger compartment whereby his head, upper torso and hands were obscured,” the close-out report said.
“He appeared to be either placing something into, or retrieving something from, the passenger compartment of his car. He then pulled out of the car, turned to his right and faced the officers,” the report said.
Marin quickly felled him with a single bullet to the front of the head, the physical evidence showed. The officer declined to give a statement, as is his legal right, but told prosecutors through his lawyer that he “saw a metallic object in Mr. Moore’s hand as he turned to face the officers and that he perceived that object to be a threat,’’ the report said.
Browne-Williams, meanwhile, did not fire her weapon, but “she testified that as he exited the car, she saw something in his hands. She believed under these circumstances that he might have been retrieving a weapon from inside the car, and she herself was an instant away from firing upon Mr. Moore,” according to the report.
The packages of crack – small, yellow plastic bags printed with Batman emblems – and a pair of metallic sunglasses were found next to his body. Toxicology tests showed Moore had cocaine and amphetamines in his system at the time.
A small amount of marijuana was found inside the front-door panel pocket of Moore’s car. Investigators theorize that he either had the various drugs in his pockets or in plain view in the car and went back to the Accord to hide them from the police. They believe he had successfully stashed the marijuana and was trying to do the same with the cocaine when he turned to face the officer, who was yelling commands.
Moore had served two prison terms – 14 years for a 1989 second-degree murder conviction and 10 months for sale and trafficking in cocaine. He got out of prison in November 2007.
Prosecutors reviewed a host of potential charges against Marin. A manslaughter charge could not be proved because under state law, officers can use deadly force if they believe it will “prevent imminent death or great bodily harm to himself or another.” They also considered but rejected a second-degree murder charge, the report said.
Another obstacle to prosecution: Since the 2005 “Stand Your Ground’’ law was passed, any citizen — including officers — can be granted “immunity” from prosecution if a judge rules he or she was justified in using deadly force.
Former Miami-Dade Assistant State Attorney David Waksman said officers are rarely prosecuted for on-duty shootings because it is difficult to prove they did not have a reasonable fear of great harm.
“For an officer, or even a civilian, it’s very hard for prosecutors to meet that burden beyond a reasonable doubt,” Waksman said.
In her 18 years, Fernandez Rundle has never charged a police officer with unlawfully killing someone on duty.
Bill Matthewman, Marin’s attorney, hailed Fernandez Rundle’s decision.
“From day one I’ve been saying this is a completely justified shooting,’’ he said, adding, however, that “it’s a shame anyone loses a life."
Matthewman said he hopes prosecutors’ findings “defuse’’ the political firestorm surrounding the shootings.
Politics were certainly a consideration for prosecutors.
On Thursday afternoon, Commissioner Dunn joined Moore’s mother and more than a half-dozen other relatives, along with family attorney Elwood Lippincott, in a meeting with Fernandez Rundle and her top aides.
Afterward, Moore’s mother looked shaken as she was consoled by family members. Most of the group declined to talk to a reporter.
The family would “rather not comment, they’re just trying to digest everything,” Lippincott said. Dunn — who has led the drumbeat calling for Exposito’s resignation and quicker investigations into the shootings — left quickly, and did not return several messages for comment.
The Rev. Anthony Tate, president of People United to Lead the Struggle for Equality, an organization that has worked with the families of the slain men, said in a later interview that he had expected the state to find the shooting justified.
"What I expect is the [U.S.] Justice Department to look into it and take appropriate action," he said. "[Prosecutors] have a track record of saying shootings are justified … DeCarlos Moore didn’t commit a crime.”
Sunday, April 24, 2011
DID FLORIDA TODDLER SHOOT AND KILL MOM WITH A GLOCK?
In Miramar, Florida, a town in Broward County, Florida, a tragic situation unfolded recently where news reports speculated that a young toddler shot his Mother in the back and killed her---with a Glock firearm.
Here is the link to the video from NBC-Channel 6 in South Florida:
http://www.nbcmiami.com/news/local/Toddler-Fatally-Shoots-Mom-in-the-Back-120323204.html
I was interviewed for this story.
Was this a mere accident, criminal culpable negligence, or homicide?
Here is the link to the video from NBC-Channel 6 in South Florida:
http://www.nbcmiami.com/news/local/Toddler-Fatally-Shoots-Mom-in-the-Back-120323204.html
I was interviewed for this story.
Was this a mere accident, criminal culpable negligence, or homicide?
Sunday, March 13, 2011
QUARDRUPLE MURDERS ON THE HIGH SEAS ON-BOARD THE "JOE COOL" BOAT IS THE SUBJECT OF A JUST RELEASED "TRUE-CRIME" BOOK
It was alternatively referred to as the case involving the "Ghost Ship".
The "Joe Cool" federal criminal case involved the alleged murders of 4 individuals on-board the boat "Joe Cool". Those 4 persons were the boat's captain, his wife, a relative and a friend. You can find the link for this book here:
http://ebookstore.sony.com/ebook/carol-cope/murder-on-the-high-seas/_/R-400000000000000333976
And below in red is a brief descripton of the book by one of the many on-line book sellers that have the book for sale:
Murder on the High Seas
by Carol Cope
Publish Date: February 28, 2011
Overview:
Off the coast of Cuba, a U.S. Coast Guard cutter spotted a ransacked vessel and rescued Kirby Archer and Guillermo Zarabozo, who chartered the Joe Coolfor a trip to the Bahamas. They claimed that pirates ambushed the boat, killing the captain and crew. But in a Miami federal courtroom, prosecutors soon discovered the crew was hijacked and murdered-not by pirates-but by their own charter passengers.
This was a tragic and sad case. The victims were all good people. And I have always believed that Guillermo Zarabozo, one of the two Defendants, was innocent. If you are into so-called "true crime" books, then this one might be a good one for you to read. If you do happen to read it, please let me know what you think of it, especially since I am mentioned in the book.
Saturday, February 12, 2011
CELL PHONE RECORDING LEADS TO MURDER CONVICTION IN PINELLAS COUNTY, FLORIDA
Well, if someone is going to be stupid enough to commit a murder, the last thing he or she should do is record it on a cell phone.
A jury in Pinellas County convicted a Tampa-area man of second degree murder after hearing a cell phone recording of the murder. The murder occurred in Largo, in Pinellas County, Florida.
According to the news article below, the prosecutors alleged that the defendant accidentally dialed his wife's cell phone while he was killing her, and the whole dastardly deed was recorded for all to hear.
The Associated Press/Sun Sentinel article is below in red:
A man who authorities say accidentally dialed his wife's cell phone while killing her was found guilty of second-degree murder.
Jurors reached the verdict late Thursday after deliberating for more than eight hours.
Ronald Earl Williams faced a possible death sentence. Defense attorneys told jurors their client killed his wife, Mariama, in 2007 and asked them to consider lesser charges.
Sentencing is set for Friday afternoon. The maximum sentence for second-degree murder is life in prison.
Prosecutors said Williams activated his cell phone, which then called his wife's cell phone while he was killing her. Jurors heard the voicemail recording of Williams saying he was going to kill her and the 31-year-old woman's screams.
Very sad that such a young woman was murdered. But I guess her cell phone got final revenge for her.
The man, Ronald Earl Williams, was sentenced to life in prison.
A jury in Pinellas County convicted a Tampa-area man of second degree murder after hearing a cell phone recording of the murder. The murder occurred in Largo, in Pinellas County, Florida.
According to the news article below, the prosecutors alleged that the defendant accidentally dialed his wife's cell phone while he was killing her, and the whole dastardly deed was recorded for all to hear.
The Associated Press/Sun Sentinel article is below in red:
A man who authorities say accidentally dialed his wife's cell phone while killing her was found guilty of second-degree murder.
Jurors reached the verdict late Thursday after deliberating for more than eight hours.
Ronald Earl Williams faced a possible death sentence. Defense attorneys told jurors their client killed his wife, Mariama, in 2007 and asked them to consider lesser charges.
Sentencing is set for Friday afternoon. The maximum sentence for second-degree murder is life in prison.
Prosecutors said Williams activated his cell phone, which then called his wife's cell phone while he was killing her. Jurors heard the voicemail recording of Williams saying he was going to kill her and the 31-year-old woman's screams.
Very sad that such a young woman was murdered. But I guess her cell phone got final revenge for her.
The man, Ronald Earl Williams, was sentenced to life in prison.
Saturday, January 29, 2011
GABE WATSON MURDER CONVICTION A LONG SHOT
I have posted previously about the murder case in Alabama where Gabe Watson has been charged with murder in Alabama even though the death of his wife occurred in Australia.
That's right---the death of Tina Watson occurred on a diving trip in Australia, but her then-husband Gabe Watson is being prosecuted in Alabama for the murder of Tina Watson. Although Alabama and Australia both start with the letter "A", they are thousands of miles apart.
The theory of the prosecutor in Alabama appears to be that Gabe Watson lured his wife to Australia to kill her and collect on insurance monies after her death. The poor woman died while diving in Australian waters with her husband Gabe Watson, and one main issue is whether that death was caused by accident or malice. Under such circumstances, a murder case sounds like a very hard case to prove beyond a reasonable doubt. Especially when all or most of the critical evidence is in Australia.
Additionally, there is a very difficult jurisdictional issue in this case. And if the jurisdictional issue is decided against the State of Alabama, then the entire case against Gabe Watson could go out the door.
It is relatively simple for prosecutors to obtain indictments and file charges---it is much harder for prosecutors to obtain convictions. That is because there is a lesser burden of proof to file charges (probable cause) than there is to obtain a conviction (beyond a reasonable doubt). Although I admittedly do not know all of the evidence in this case, from what I have seen thus far, I would not be surprised at all if this case resulted in an acquittal; or, in the unlikely event that there is a conviction, then I would anticipate a conviction on a lesser charge.
The defense attorney for Gabe Watson is already challenging the reliability of the evidence to be used against the Defendant. Here is an Associated Press article below in red which discusses a challenge to the testing of the diving equipment which I expect could be very important during the trial of this case:
Associated Press: A lawyer for the Alabama man charged with killing his newlywed wife during a diving trip in Australia says police there made key blunders that now could help exonerate him on murder charges in Birmingham.
Brett Bloomston, an attorney for Gabe Watson, said Friday the error was made by investigators while testing diving equipment. He says it led prosecutors to wrongly discredit Watson's account of the death of his wife, Tina Watson, during a scuba trip to the Great Barrier Reef in 2003.
Prosecutor Don Valeska disagrees. He says questions about the tests are "irrelevant" and won't affect the murder case against Watson.
I don't understand the statement of the prosecutor that questions about the tests on the diving equipment are "irrelevant." It seems to me that the tests on the diving equipment would be highly relevant in this case.
And frankly, I would expect that a jury in Alabama that is being asked by a prosecutor to return a murder conviction would also think that the reliability or non-reliability of such tests would be highly relevant to their verdict.
We'll be watching this case to see how it turns out.
That's right---the death of Tina Watson occurred on a diving trip in Australia, but her then-husband Gabe Watson is being prosecuted in Alabama for the murder of Tina Watson. Although Alabama and Australia both start with the letter "A", they are thousands of miles apart.
The theory of the prosecutor in Alabama appears to be that Gabe Watson lured his wife to Australia to kill her and collect on insurance monies after her death. The poor woman died while diving in Australian waters with her husband Gabe Watson, and one main issue is whether that death was caused by accident or malice. Under such circumstances, a murder case sounds like a very hard case to prove beyond a reasonable doubt. Especially when all or most of the critical evidence is in Australia.
Additionally, there is a very difficult jurisdictional issue in this case. And if the jurisdictional issue is decided against the State of Alabama, then the entire case against Gabe Watson could go out the door.
It is relatively simple for prosecutors to obtain indictments and file charges---it is much harder for prosecutors to obtain convictions. That is because there is a lesser burden of proof to file charges (probable cause) than there is to obtain a conviction (beyond a reasonable doubt). Although I admittedly do not know all of the evidence in this case, from what I have seen thus far, I would not be surprised at all if this case resulted in an acquittal; or, in the unlikely event that there is a conviction, then I would anticipate a conviction on a lesser charge.
The defense attorney for Gabe Watson is already challenging the reliability of the evidence to be used against the Defendant. Here is an Associated Press article below in red which discusses a challenge to the testing of the diving equipment which I expect could be very important during the trial of this case:
Associated Press: A lawyer for the Alabama man charged with killing his newlywed wife during a diving trip in Australia says police there made key blunders that now could help exonerate him on murder charges in Birmingham.
Brett Bloomston, an attorney for Gabe Watson, said Friday the error was made by investigators while testing diving equipment. He says it led prosecutors to wrongly discredit Watson's account of the death of his wife, Tina Watson, during a scuba trip to the Great Barrier Reef in 2003.
Prosecutor Don Valeska disagrees. He says questions about the tests are "irrelevant" and won't affect the murder case against Watson.
I don't understand the statement of the prosecutor that questions about the tests on the diving equipment are "irrelevant." It seems to me that the tests on the diving equipment would be highly relevant in this case.
And frankly, I would expect that a jury in Alabama that is being asked by a prosecutor to return a murder conviction would also think that the reliability or non-reliability of such tests would be highly relevant to their verdict.
We'll be watching this case to see how it turns out.
HOW COULD TAMPA MOM SHOOT AND KILL HER OWN TEENAGE KIDS?
Well, here is a very sad story from Tampa where a Mom allegedly shot and killed her son for being "mouthy". This was done while she was taking him to soccer practice!
Then, Mom allegedly went home and shot her daughter in the head while her daughter was on the computer. The teenage daughter is dead as well.
The link to the South Florida Sun Sentinel story (with picture of Mom in custody) is here:
http://www.sun-sentinel.com/news/florida/ktla-mouthy-mom,0,4447482.story
The Sun Sentinel story is below in red:
TAMPA, Fla. -- The wife of a military officer shot and killed her son on the way to soccer practice, then drove to their upscale home and shot her daughter in the head while she studied at her computer, police said Friday.
Afterward, the woman told detectives she killed the teens for being "mouthy."
Julie Powers Schenecker admitted the slayings after officers found her covered in blood on the back porch of her home Friday morning, police spokeswoman Laura McElroy said. Schenecker's mother had called police from Texas because she was unable to reach the 50-year-old woman, whom she said was depressed and had been complaining about her children.
Schenecker's husband, Parker Schenecker, is an Army colonel stationed at the headquarters of U.S. Central Command at MacDill Air Force Base in Tampa. The father had been away for several days when the killings happened, said CentCom spokesman Lt. Col. Michael Lawhorn, describing him as a career Army intelligence officer.
Police said Parker Schenecker was in Qatar and was told of his children's deaths on Friday.
Julie Schenecker left a note detailing her plans to kill her disrespectful children and then herself, saying "they talked back and were mouthy and that she was going to take care of it," McElroy said. She provided the same motive to police who interviewed her.
"I think we will never understand how or why a mother could take the lives of her children," McElroy said. "That was the only reason she provided to our detectives."
The body of Schenecker's daughter, Calyx Powers Schenecker, 16, was found in an upstairs bedroom, McElroy said. The body of her son, Powers Beau Schenecker, 13, was found in an SUV in the garage.
An arrest affidavit said Schenecker shot her son twice in the head "for talking back" while driving him to soccer practice Thursday night. She drove home, went inside and shot her daughter in the back of head while the teen sat at a computer doing homework, then shot her in the face, the affidavit said.
McElroy said investigators believe the teens "never saw it coming." Both were killed with a .38-caliber pistol.
Julie Schenecker was jailed and charged with two counts of first-degree murder. Wearing a white jumpsuit, she was led into a county jail later Friday visibly shaking and being supported by a sheriff's deputy.
Her Facebook page says she earned a bachelor's degree in physical education from the University of Northern Iowa.
So, Julie Schenecker allegedly leaves a note saying she is going to kill her children, then she is caught covered in blood, then she confesses. A very strong case against this Mom.
And how sad that the father is away serving our country in the military when he is notified of this tragic double homicide. The father, Parker Schenecker, is an Army Colonel who now has to return home from Qatar to find his two teenage children dead, and his wife in jail facing a first degree murder prosecution. My heart goes out to the father and husband who has to deal with this unbelievable loss.
There are times when I am at a loss for words. This is one of those times. How could a mother do such a thing?
Then, Mom allegedly went home and shot her daughter in the head while her daughter was on the computer. The teenage daughter is dead as well.
The link to the South Florida Sun Sentinel story (with picture of Mom in custody) is here:
http://www.sun-sentinel.com/news/florida/ktla-mouthy-mom,0,4447482.story
The Sun Sentinel story is below in red:
TAMPA, Fla. -- The wife of a military officer shot and killed her son on the way to soccer practice, then drove to their upscale home and shot her daughter in the head while she studied at her computer, police said Friday.
Afterward, the woman told detectives she killed the teens for being "mouthy."
Julie Powers Schenecker admitted the slayings after officers found her covered in blood on the back porch of her home Friday morning, police spokeswoman Laura McElroy said. Schenecker's mother had called police from Texas because she was unable to reach the 50-year-old woman, whom she said was depressed and had been complaining about her children.
Schenecker's husband, Parker Schenecker, is an Army colonel stationed at the headquarters of U.S. Central Command at MacDill Air Force Base in Tampa. The father had been away for several days when the killings happened, said CentCom spokesman Lt. Col. Michael Lawhorn, describing him as a career Army intelligence officer.
Police said Parker Schenecker was in Qatar and was told of his children's deaths on Friday.
Julie Schenecker left a note detailing her plans to kill her disrespectful children and then herself, saying "they talked back and were mouthy and that she was going to take care of it," McElroy said. She provided the same motive to police who interviewed her.
"I think we will never understand how or why a mother could take the lives of her children," McElroy said. "That was the only reason she provided to our detectives."
The body of Schenecker's daughter, Calyx Powers Schenecker, 16, was found in an upstairs bedroom, McElroy said. The body of her son, Powers Beau Schenecker, 13, was found in an SUV in the garage.
An arrest affidavit said Schenecker shot her son twice in the head "for talking back" while driving him to soccer practice Thursday night. She drove home, went inside and shot her daughter in the back of head while the teen sat at a computer doing homework, then shot her in the face, the affidavit said.
McElroy said investigators believe the teens "never saw it coming." Both were killed with a .38-caliber pistol.
Julie Schenecker was jailed and charged with two counts of first-degree murder. Wearing a white jumpsuit, she was led into a county jail later Friday visibly shaking and being supported by a sheriff's deputy.
Her Facebook page says she earned a bachelor's degree in physical education from the University of Northern Iowa.
So, Julie Schenecker allegedly leaves a note saying she is going to kill her children, then she is caught covered in blood, then she confesses. A very strong case against this Mom.
And how sad that the father is away serving our country in the military when he is notified of this tragic double homicide. The father, Parker Schenecker, is an Army Colonel who now has to return home from Qatar to find his two teenage children dead, and his wife in jail facing a first degree murder prosecution. My heart goes out to the father and husband who has to deal with this unbelievable loss.
There are times when I am at a loss for words. This is one of those times. How could a mother do such a thing?
Sunday, January 2, 2011
BROWARD COUNTY MURDERS DOWN SIGNIFICANTLY FOR 2010
Some good news to start off 2011---murders in Broward County, Florida were down for 2010.
And the reduction in murders over the past few years is indeed significant. Here is a link to an excellent article in the Sun Sentinel that describes the drop in the number of murders committed in Broward County:
http://www.sun-sentinel.com/news/broward/fl-broward-homicides-roundup-20110102,0,3232094,full.story
In 2007, there were 118 murders recorded in Broward County, Florida. Yet, in 2010, there were 63 murders in Broward County. That is nearly a 50% reduction in murders over just a few short years--a highly significant reduction.
Broward County includes numerous cities such as Fort Lauderdale, Pompano Beach, Coral Springs, Hollywood, Dania, Davie, Miramar, Pembroke Pines, Sunrise, and lots of other cities. It is a busy, active County and a great place to live and work.
The population of Broward County, Florida is large and diverse. Approximately 1.7 million people live in Broward County. This makes the lower murder numbers for 2010 even more significant.
It is nice to start off 2011 reporting a large drop in murders for 2010.
Of course, even one murder is too many, and every murder leaves grieving family members. But there have been murders since the time that civilization began--the best that society can do is to reduce their numbers to the absolute minimum.
Let's hope that 2011 sees an even greater reduction in murders in Broward County, Florida.
And the reduction in murders over the past few years is indeed significant. Here is a link to an excellent article in the Sun Sentinel that describes the drop in the number of murders committed in Broward County:
http://www.sun-sentinel.com/news/broward/fl-broward-homicides-roundup-20110102,0,3232094,full.story
In 2007, there were 118 murders recorded in Broward County, Florida. Yet, in 2010, there were 63 murders in Broward County. That is nearly a 50% reduction in murders over just a few short years--a highly significant reduction.
Broward County includes numerous cities such as Fort Lauderdale, Pompano Beach, Coral Springs, Hollywood, Dania, Davie, Miramar, Pembroke Pines, Sunrise, and lots of other cities. It is a busy, active County and a great place to live and work.
The population of Broward County, Florida is large and diverse. Approximately 1.7 million people live in Broward County. This makes the lower murder numbers for 2010 even more significant.
It is nice to start off 2011 reporting a large drop in murders for 2010.
Of course, even one murder is too many, and every murder leaves grieving family members. But there have been murders since the time that civilization began--the best that society can do is to reduce their numbers to the absolute minimum.
Let's hope that 2011 sees an even greater reduction in murders in Broward County, Florida.
Friday, December 31, 2010
TUCKER CARLSON'S COMMENT THAT MICHAEL VICK SHOULD HAVE GOTTEN THE DEATH PENALTY FOR KILLING DOGS TRIVIALIZES THE SERIOUSNESS OF THE DEATH PENALTY
TUCKER CARLSON is apparently a Fox news commentator. Recently, while serving as a fill-in for Fox news commentator Sean Hannity, TUCKER CARLSON made the comment that MICHAEL VICK deserved the death penalty for killing dogs.
That's right--the death penalty--for killing dogs. An absolutely absurd statement to make. And a statement which trivializes and minimizes the seriousness of the death penalty.
Here is a news report on TUCKER CARLSON'S comments, below in red:
Tucker Carlson filled in for Sean Hannity Tuesday night on Fox News and made a shocking claim: Philadelphia Eagles quarterback Michael Vick should be executed.
Carlson led a panel discussion pegged to President Obama's recent phone call with the Eagles owner, in which he applauded the Eagles for giving Vick a second chance following his time in jail over his dogfighting scandal.
But Carlson is not as forgiving as Obama or the Eagles.
"I'm a Christian, I've made mistakes myself, I believe fervently in second chances," Carlson said. "But Michael Vick killed dogs, and he did in a heartless and cruel way. And I think, personally, he should've been executed for that. He wasn't, but the idea that the President of the United States would be getting behind someone who murdered dogs? Kind of beyond the pale."
Well, for those of us in the criminal justice system who actually do handle death penalty cases, and who understand how serious these cases are, this comment by news commentator Tucker Carlson reflects a shallowness and lack of intelligence on a scale rarely seen, even in the modern news media.
Such a comment also cheapens the wrongs that have been done to human victims of homicides and their families.
To equate the killing of a dog to the killing of a human being in the context of the death penalty truly does trivialize the death of a human being and trivializes and minimizes the killing of a human being. It is a comment that is disrespectful to human homicide victims, their families, and to the criminal justice system.
And additionally, MICHAEL VICK, who went to prison and paid his debt to society for the crimes he committed, deserves the second chance he has been given in the NFL. MICHAEL VICK is making the most of his second chance, and he serves as an example to others who have made a mistake----that is--a person can veer off onto the wrong path, and then redeem themself and get back on the right path. That is precisely what MICHAEL VICK has done in his life.
I can tell you this: I am much prouder of MICHAEL VICK than I am of TUCKER CARLSON.
I have handled lots of death penalty cases in my career. They are serious business and no laughing matter.
On the other hand, Tucker Carlson's comments are a joke. And a bad, inane and tasteless joke at that. He should apologize to Michael Vick and the country for his senseless comments.
That's right--the death penalty--for killing dogs. An absolutely absurd statement to make. And a statement which trivializes and minimizes the seriousness of the death penalty.
Here is a news report on TUCKER CARLSON'S comments, below in red:
Tucker Carlson filled in for Sean Hannity Tuesday night on Fox News and made a shocking claim: Philadelphia Eagles quarterback Michael Vick should be executed.
Carlson led a panel discussion pegged to President Obama's recent phone call with the Eagles owner, in which he applauded the Eagles for giving Vick a second chance following his time in jail over his dogfighting scandal.
But Carlson is not as forgiving as Obama or the Eagles.
"I'm a Christian, I've made mistakes myself, I believe fervently in second chances," Carlson said. "But Michael Vick killed dogs, and he did in a heartless and cruel way. And I think, personally, he should've been executed for that. He wasn't, but the idea that the President of the United States would be getting behind someone who murdered dogs? Kind of beyond the pale."
Well, for those of us in the criminal justice system who actually do handle death penalty cases, and who understand how serious these cases are, this comment by news commentator Tucker Carlson reflects a shallowness and lack of intelligence on a scale rarely seen, even in the modern news media.
Such a comment also cheapens the wrongs that have been done to human victims of homicides and their families.
To equate the killing of a dog to the killing of a human being in the context of the death penalty truly does trivialize the death of a human being and trivializes and minimizes the killing of a human being. It is a comment that is disrespectful to human homicide victims, their families, and to the criminal justice system.
And additionally, MICHAEL VICK, who went to prison and paid his debt to society for the crimes he committed, deserves the second chance he has been given in the NFL. MICHAEL VICK is making the most of his second chance, and he serves as an example to others who have made a mistake----that is--a person can veer off onto the wrong path, and then redeem themself and get back on the right path. That is precisely what MICHAEL VICK has done in his life.
I can tell you this: I am much prouder of MICHAEL VICK than I am of TUCKER CARLSON.
I have handled lots of death penalty cases in my career. They are serious business and no laughing matter.
On the other hand, Tucker Carlson's comments are a joke. And a bad, inane and tasteless joke at that. He should apologize to Michael Vick and the country for his senseless comments.
Sunday, December 26, 2010
ACCUSED KILLER GABE WATSON RELEASED ON BAIL IN ALABAMA
The Gabe Watson murder case in Alabama is shaping up to be a very interesting trial. This is the case of a man who honeymooned with his newlywed wife in Australia, and his newlywed wife died while scuba diving with him on the Great Barrier Reef.
Some call it murder, some call it a tragic accident.
The Judge in the Jefferson County, Alabama Criminal Court recently ordered Gabe Watson released on pre-trial bail. Here is the link to a news article:
http://news.smh.com.au/breaking-news-national/gabe-watson-free-on-bail-in-alabama-20101215-18x9m.html
This case is being closely watched in Australia and elsewhere. An article from the Sydney Morning Herald regarding Gabe Watson's release on bail in Alabama is below in red:
Murder accused Gabe Watson was back in the arms of his jubilant new wife, family and friends after a judge granted his release from an Alabama jail on a $A100,000 bail and strict conditions.
A large contingent of Watson's family and supporters, some who carried "We Support Gabe Watson" and "We Love You Gabe" placards, cheered in the Jefferson County Court on Tuesday when Judge Tommy Nail announced the ruling.
Prosecutor Don Valeska, who argued Watson should be kept in jail, was not so happy. "It is pretty disappointing but there's nothing I could do about it," Mr Valeska told AAP after the 80-minute bail hearing.
Watson walked out a back door of the Jefferson County Jail in Birmingham, Alabama, several hours later, his first steps of freedom for 19 months after stints behind bars in Queensland, Melbourne, Los Angeles and Birmingham.
Watson served 18 months in Queensland after pleading guilty to the manslaughter of his first wife Tina, who died while scuba diving on the Great Barrier Reef during their 2003 honeymoon.
Alabama authorities were not happy with the Queensland sentence and are prosecuting Watson on two murder counts relating to Tina's death, alleging Watson planned the murder in Alabama and was motivated by claiming Tina's life and travel insurance payouts.
During one exchange in court on Tuesday, Judge Nail questioned the prosecution's insurance payout theory.
"Tina Watson was asked by the defendant to multiply her insurance by five times on the week of the wedding and make him the beneficiary. Now that is the motive and we assert that," Mr Valeska told the judge.
Judge Nail replied: "My question is: motive is not sufficient to convict somebody."
Watson, 33, will be far from a free man in Alabama ahead of his murder trial.
Judge Nail placed Watson on a strict curfew that prevents him from leaving his home in Hoover, south of Birmingham, from 7pm to 6am.
Watson also must wear an electronic monitoring device on his ankle, hand in his passport, stay away from Tina's parents and is banned from visiting her grave.
Watson is due back in court on January 31 for arraignment where he will be asked to enter a plea of guilty or not guilty to two charges: capital murder in the course of kidnapping and capital murder for pecuniary gain.
He faces a maximum sentence of life in prison.
Mr Valeska asked that Watson's bail be $US2 million, however the judge knocked that down to $US100,000 ($A100,300).
Tina's father, Tommy Thomas, was visibly upset after the judge granted his former son-in-law bail.
The Queensland and Australian governments' insistence that Alabama drop the death penalty as a maximum sentence in Alabama for Watson may have been crucial in Watson being released on bail.
Without it being a death penalty case, it weakened the prosecution's position, Mr Valeska said.
"I would have had a better chance," he said of his opposition to Watson's bail.
Watson married Alabama school teacher Kim Lewis in 2008.
In 2009 he agreed to fly to Queensland, where he consented to the manslaughter plea deal.
After completing the 18-month jail sentence in Queensland on November 10, Watson was held in a Melbourne immigration detention centre for a fortnight while the Australian government sought assurances from the US that Watson would not face the death penalty when returned.
On November 25, Watson was deported to the US and held in jails in Los Angeles and Birmingham until Tuesday's release.
So, what do you think? Should Gabe Watson have been released on bail pending his trial on the murder case in Alabama?
Remember, Gabe Watson, like anyone else, is presumed innocent under the United States Constitution. Even in high profile murder cases like this one, the Defendant is presumed innocent.
And if the Court finds that the defendant is not a danger to flee, and is not a danger to the community, then he must be released on pre-trial bail. Some of you may disagree with this, but I think that our Constitution has to be followed in all cases, even this one.
Gabe Watson's next Court date is January 31, 2011 for his Arraignment. This is the hearing when he will be asked to enter a plea of guilty or not guilty. Of course, he will enter a not guilty plea, and then a trial date will likely be set.
But don't expect this case to go to trial quickly. Murder cases often take years to reach trial.
Some call it murder, some call it a tragic accident.
The Judge in the Jefferson County, Alabama Criminal Court recently ordered Gabe Watson released on pre-trial bail. Here is the link to a news article:
http://news.smh.com.au/breaking-news-national/gabe-watson-free-on-bail-in-alabama-20101215-18x9m.html
This case is being closely watched in Australia and elsewhere. An article from the Sydney Morning Herald regarding Gabe Watson's release on bail in Alabama is below in red:
Murder accused Gabe Watson was back in the arms of his jubilant new wife, family and friends after a judge granted his release from an Alabama jail on a $A100,000 bail and strict conditions.
A large contingent of Watson's family and supporters, some who carried "We Support Gabe Watson" and "We Love You Gabe" placards, cheered in the Jefferson County Court on Tuesday when Judge Tommy Nail announced the ruling.
Prosecutor Don Valeska, who argued Watson should be kept in jail, was not so happy. "It is pretty disappointing but there's nothing I could do about it," Mr Valeska told AAP after the 80-minute bail hearing.
Watson walked out a back door of the Jefferson County Jail in Birmingham, Alabama, several hours later, his first steps of freedom for 19 months after stints behind bars in Queensland, Melbourne, Los Angeles and Birmingham.
Watson served 18 months in Queensland after pleading guilty to the manslaughter of his first wife Tina, who died while scuba diving on the Great Barrier Reef during their 2003 honeymoon.
Alabama authorities were not happy with the Queensland sentence and are prosecuting Watson on two murder counts relating to Tina's death, alleging Watson planned the murder in Alabama and was motivated by claiming Tina's life and travel insurance payouts.
During one exchange in court on Tuesday, Judge Nail questioned the prosecution's insurance payout theory.
"Tina Watson was asked by the defendant to multiply her insurance by five times on the week of the wedding and make him the beneficiary. Now that is the motive and we assert that," Mr Valeska told the judge.
Judge Nail replied: "My question is: motive is not sufficient to convict somebody."
Watson, 33, will be far from a free man in Alabama ahead of his murder trial.
Judge Nail placed Watson on a strict curfew that prevents him from leaving his home in Hoover, south of Birmingham, from 7pm to 6am.
Watson also must wear an electronic monitoring device on his ankle, hand in his passport, stay away from Tina's parents and is banned from visiting her grave.
Watson is due back in court on January 31 for arraignment where he will be asked to enter a plea of guilty or not guilty to two charges: capital murder in the course of kidnapping and capital murder for pecuniary gain.
He faces a maximum sentence of life in prison.
Mr Valeska asked that Watson's bail be $US2 million, however the judge knocked that down to $US100,000 ($A100,300).
Tina's father, Tommy Thomas, was visibly upset after the judge granted his former son-in-law bail.
The Queensland and Australian governments' insistence that Alabama drop the death penalty as a maximum sentence in Alabama for Watson may have been crucial in Watson being released on bail.
Without it being a death penalty case, it weakened the prosecution's position, Mr Valeska said.
"I would have had a better chance," he said of his opposition to Watson's bail.
Watson married Alabama school teacher Kim Lewis in 2008.
In 2009 he agreed to fly to Queensland, where he consented to the manslaughter plea deal.
After completing the 18-month jail sentence in Queensland on November 10, Watson was held in a Melbourne immigration detention centre for a fortnight while the Australian government sought assurances from the US that Watson would not face the death penalty when returned.
On November 25, Watson was deported to the US and held in jails in Los Angeles and Birmingham until Tuesday's release.
So, what do you think? Should Gabe Watson have been released on bail pending his trial on the murder case in Alabama?
Remember, Gabe Watson, like anyone else, is presumed innocent under the United States Constitution. Even in high profile murder cases like this one, the Defendant is presumed innocent.
And if the Court finds that the defendant is not a danger to flee, and is not a danger to the community, then he must be released on pre-trial bail. Some of you may disagree with this, but I think that our Constitution has to be followed in all cases, even this one.
Gabe Watson's next Court date is January 31, 2011 for his Arraignment. This is the hearing when he will be asked to enter a plea of guilty or not guilty. Of course, he will enter a not guilty plea, and then a trial date will likely be set.
But don't expect this case to go to trial quickly. Murder cases often take years to reach trial.
Friday, November 26, 2010
TOP 10 MOST SENSELESS ACTS OF MURDER
Murder is often a senseless act. It often leaves many victims in its wake, not just the actual person murdered, but also family members, friends and loved ones of the victim.
But of all the senseless murders in the United States, there are some which top the list of being among the most senseless.
So, which are the most senseless murders that have been committed?
Here is a list (below in red) compiled of the Top 10 Most Senseless Acts of Murder:
1.Columbine High School Massacre: The Columbine High School shooting in Columbine, Colorado, will forever be engrained in our minds as one of the most disturbing events to ever happen at an American high school. On April 20, 1999, high school seniors Eric Harris and Dylan Klebold went on a shooting spree inside their school, killing 12 students and one teacher and injuring about 21 students before committing suicide in the school library. Journal entries and homemade videos documented the shooters’ carefully planned massacre that included setting off bombs in the cafeteria during lunchtime, which they hoped would kill hundreds of students and they’d shoot survivors as they ran out of the school. Their original plan failed because the explosives didn’t detonate, causing the boys to enter the school shooting. Harris and Klebold were known as outcasts and were often bullied. Although there is no clear cut reason behind the horrific massacre, the boys were angry with society and wanted to kill those who annoyed them.
2.Virginia Tech Massacre: Virginia Tech in Blacksburg, Virginia, was turned upside down when a gunmen, senior Seung-Hui Cho, opened fire in a residence hall and classrooms, killing 32 people and wounding several others before committing suicide on April 16, 2007. Cho had been diagnosed with a severe anxiety disorder and was declared mentally ill after he was accused of stalking two female students. He received therapy and special education support in secondary school, but Virginia Tech was not notified of his previous diagnosis and accommodations due to federal privacy laws. Cho left behind a suicide note that talked about "rich kids," "debauchery" and "deceitful charlatans," as well as 27 video recordings, an 1,800-word manifesto and photos that were mailed to NBC News in between his shooting attacks. Cho compared himself to Jesus Christ and expressed his hatred for the wealthy, which he claimed drove him to kill. It was the deadliest peacetime shooting incident by a single gunman in U.S. history.
3.Luby’s Massacre: The Luby’s massacre in Killeen, Texas, was one of the most horrific shooting rampages of all time. On October 16, 1991, George Jo Hennard drove his pickup truck into the front window of a Luby’s Cafeteria and began shooting staff and customers, killing 23 people and wounding 20 others before ending his own life in the restaurant. Before Hennard opened fire, survivors said that he yelled, "This is what Bell County has done to me!" About 80 people were in the restaurant at the time of the shootings and it was particularly crowded because it was National Boss’s Day and many were out for lunch. There was no known motive for Hennard’s brutal killings, and it was the deadliest shooting rampage in history until the Virginia Tech massacre in 2007.
4.University of Texas Sniper Massacre: The University of Texas sniper massacre on August 1, 1966, in Austin, Texas, was one of the most shocking events to ever happen on a college campus. Charles Whitman, a UT student and former Marine, killed 16 people and wounded 32 others from the observation deck of the University’s tower. Prior to the tower shootings, Whitman murdered his mother and wife and left a suicide note admitting to killing his loved ones and what should be done with his life savings, requesting that after his debts are paid off to donate the rest to a mental health foundation. He did not mention his future attacks at the university in his note. After many attempts to subdue the shooter, police finally shot and killed Whitman. In his autopsy, a brain tumor was found which may have contributed to his erratic behavior and emotional struggles.
5.The Clutter Family Killings: The 1959 killings of the Clutter family shook the town of Holcomb, Kansas, and the rest of the country. The quadruple murder was committed by Richard "Dick" Hickock and Perry Smith, who originally planned to rob the Clutters, take their money and flee, but when Smith discovered there was no money he became angered and slit Herb Clutter’s throat, shot him in the head, and shot the wife and two children in the head. Although the men pleaded temporary insanity, the local practitioners evaluated them and determined that they were sane. Both men spent five years on death row before being executed on 1965 in Lansing, Kansas. The small town murder became widely known because of Truman Capote’s nonfiction novel that examines the crime and the two parolees.
6.San Ysidro McDonald’s Massacre: The San Ysidro McDonald’s massacre shocked the country when James Oliver Huberty casually walked into a McDonald’s restaurant on July 18, 1984, in the San Ysidro section of San Diego, California, and started shooting customers and employees. Huberty killed 21 people, ranging in age from 8 months to 74 years, and wounded 19 others, before he was fatally shot by a SWAT team sniper. His victims were predominantly Mexican and Mexican-American. Huberty had a history of violent behavior and he was a known survivalist, who believed that America was in deep trouble and the government was behind economic problems and unemployment rates, so he stocked up food, guns and provisioned his house in preparation for the breakdown of society. Right before the incident, Huberty told his wife he was "hunting humans" and "society had its chance."
7.Westroads Mall Shooting: The Westroads Mall shooting occurred on December 5, 2007, in Omaha, Nebraska, where 19-year-old Robert A. Hawkins walked into the Von Maur department store and opened fire on shoppers and employees. Hawkins killed nine people and wounded four before turning the gun on himself inside. Hawkins was a troubled young man with a history of violent threats and psychiatric problems. Two weeks prior to the incident, Hawkins was fired for stealing $17 at his McDonald’s job and was depressed after separating from his girlfriend. He left behind a suicide note that stated he was going to take some lives and described how famous he would be.
8.Murder of Derrion Albert: On September 24, 2009, 16-year-old high school honor student Derrion Albert was brutally beaten to death by a group of students near Christian Fenger Academy High School on Chicago’s South Side. The incident was captured on tape, as Albert was unintentionally caught in between a gang-related fight from two neighborhoods. Eugene Riley, Silvanus Shannon, Eric Carson and Lapoleon Colbert were arrested by police and charged with first-degree murder.
9.Diane Downs’ Killings: The well-known case of Diane Downs goes down as one of the most senseless acts of murder. On May 19, 1983, Downs shot her three children, killing one, and lied to the police that a stranger had tried to carjack her, shot her in the arm and her three kids near Springfield, Oregon. She drove to the McKenzie-Willamette Hospital with her children in the back and her middle child was already dead. Downs had been shot in her left forearm, which was later determined to be a self inflicted wound used to support her original story. Downs behavior was suspicious and her manner was too calm for such a traumatic event. She was even recorded laughing during police videotapes of describing the gruesome events. Police discovered that Downs was involved with a man in Arizona named Robert Knickerbocker, who did not want children in his life. Prosecutors believed that Downs attempted to kill her kids so she could continue her affair with Knickerbocker, but it was the testimony of her daughter Christie that finally determined Downs’ guilt and she was sentenced to life in prison.
10.Beltway Sniper Attacks: The Beltway sniper attacks occurred in Washington D.C., Maryland and Virginia during a three-week killing spree in October 2002. Led by John Allen Muhammad and a minor, Lee Boyd Malyo, they killed 10 people and critically injured three others throughout the Washington Metropolitan Area. They traveled using the Capital Beltway and created utter chaos and fear throughout communities, in which children were kept indoors for their protection. The two shooters were found sleeping in their car at a rest stop and were arrested on federal weapons charges. Although few motives were firmly established, Muhammad was guilty of killing "pursuant to the direction or order" of terrorism, according to a Virginia court. Malyo testified that they killed people in hopes of kidnapping children to extort money from the government and teach them how to terrorize cities. In 2003, Muhammad was sentenced to death and Malyo was sentenced to six consecutive life sentences without parole.
This top 10 list was compiled by the folks at Criminal Justice Degrees Guide. The link to the Top 10 list is on their website at the link below:
http://www.criminaljusticedegreesguide.com/features/10-most-senseless-acts-of-murder.html
This is a list of crimes that never should have occurred. The victims did not deserve to suffer such atrocities. Unfortunately these senseless murders did occur and they now rank among the most senseless in history.
But of all the senseless murders in the United States, there are some which top the list of being among the most senseless.
So, which are the most senseless murders that have been committed?
Here is a list (below in red) compiled of the Top 10 Most Senseless Acts of Murder:
1.Columbine High School Massacre: The Columbine High School shooting in Columbine, Colorado, will forever be engrained in our minds as one of the most disturbing events to ever happen at an American high school. On April 20, 1999, high school seniors Eric Harris and Dylan Klebold went on a shooting spree inside their school, killing 12 students and one teacher and injuring about 21 students before committing suicide in the school library. Journal entries and homemade videos documented the shooters’ carefully planned massacre that included setting off bombs in the cafeteria during lunchtime, which they hoped would kill hundreds of students and they’d shoot survivors as they ran out of the school. Their original plan failed because the explosives didn’t detonate, causing the boys to enter the school shooting. Harris and Klebold were known as outcasts and were often bullied. Although there is no clear cut reason behind the horrific massacre, the boys were angry with society and wanted to kill those who annoyed them.
2.Virginia Tech Massacre: Virginia Tech in Blacksburg, Virginia, was turned upside down when a gunmen, senior Seung-Hui Cho, opened fire in a residence hall and classrooms, killing 32 people and wounding several others before committing suicide on April 16, 2007. Cho had been diagnosed with a severe anxiety disorder and was declared mentally ill after he was accused of stalking two female students. He received therapy and special education support in secondary school, but Virginia Tech was not notified of his previous diagnosis and accommodations due to federal privacy laws. Cho left behind a suicide note that talked about "rich kids," "debauchery" and "deceitful charlatans," as well as 27 video recordings, an 1,800-word manifesto and photos that were mailed to NBC News in between his shooting attacks. Cho compared himself to Jesus Christ and expressed his hatred for the wealthy, which he claimed drove him to kill. It was the deadliest peacetime shooting incident by a single gunman in U.S. history.
3.Luby’s Massacre: The Luby’s massacre in Killeen, Texas, was one of the most horrific shooting rampages of all time. On October 16, 1991, George Jo Hennard drove his pickup truck into the front window of a Luby’s Cafeteria and began shooting staff and customers, killing 23 people and wounding 20 others before ending his own life in the restaurant. Before Hennard opened fire, survivors said that he yelled, "This is what Bell County has done to me!" About 80 people were in the restaurant at the time of the shootings and it was particularly crowded because it was National Boss’s Day and many were out for lunch. There was no known motive for Hennard’s brutal killings, and it was the deadliest shooting rampage in history until the Virginia Tech massacre in 2007.
4.University of Texas Sniper Massacre: The University of Texas sniper massacre on August 1, 1966, in Austin, Texas, was one of the most shocking events to ever happen on a college campus. Charles Whitman, a UT student and former Marine, killed 16 people and wounded 32 others from the observation deck of the University’s tower. Prior to the tower shootings, Whitman murdered his mother and wife and left a suicide note admitting to killing his loved ones and what should be done with his life savings, requesting that after his debts are paid off to donate the rest to a mental health foundation. He did not mention his future attacks at the university in his note. After many attempts to subdue the shooter, police finally shot and killed Whitman. In his autopsy, a brain tumor was found which may have contributed to his erratic behavior and emotional struggles.
5.The Clutter Family Killings: The 1959 killings of the Clutter family shook the town of Holcomb, Kansas, and the rest of the country. The quadruple murder was committed by Richard "Dick" Hickock and Perry Smith, who originally planned to rob the Clutters, take their money and flee, but when Smith discovered there was no money he became angered and slit Herb Clutter’s throat, shot him in the head, and shot the wife and two children in the head. Although the men pleaded temporary insanity, the local practitioners evaluated them and determined that they were sane. Both men spent five years on death row before being executed on 1965 in Lansing, Kansas. The small town murder became widely known because of Truman Capote’s nonfiction novel that examines the crime and the two parolees.
6.San Ysidro McDonald’s Massacre: The San Ysidro McDonald’s massacre shocked the country when James Oliver Huberty casually walked into a McDonald’s restaurant on July 18, 1984, in the San Ysidro section of San Diego, California, and started shooting customers and employees. Huberty killed 21 people, ranging in age from 8 months to 74 years, and wounded 19 others, before he was fatally shot by a SWAT team sniper. His victims were predominantly Mexican and Mexican-American. Huberty had a history of violent behavior and he was a known survivalist, who believed that America was in deep trouble and the government was behind economic problems and unemployment rates, so he stocked up food, guns and provisioned his house in preparation for the breakdown of society. Right before the incident, Huberty told his wife he was "hunting humans" and "society had its chance."
7.Westroads Mall Shooting: The Westroads Mall shooting occurred on December 5, 2007, in Omaha, Nebraska, where 19-year-old Robert A. Hawkins walked into the Von Maur department store and opened fire on shoppers and employees. Hawkins killed nine people and wounded four before turning the gun on himself inside. Hawkins was a troubled young man with a history of violent threats and psychiatric problems. Two weeks prior to the incident, Hawkins was fired for stealing $17 at his McDonald’s job and was depressed after separating from his girlfriend. He left behind a suicide note that stated he was going to take some lives and described how famous he would be.
8.Murder of Derrion Albert: On September 24, 2009, 16-year-old high school honor student Derrion Albert was brutally beaten to death by a group of students near Christian Fenger Academy High School on Chicago’s South Side. The incident was captured on tape, as Albert was unintentionally caught in between a gang-related fight from two neighborhoods. Eugene Riley, Silvanus Shannon, Eric Carson and Lapoleon Colbert were arrested by police and charged with first-degree murder.
9.Diane Downs’ Killings: The well-known case of Diane Downs goes down as one of the most senseless acts of murder. On May 19, 1983, Downs shot her three children, killing one, and lied to the police that a stranger had tried to carjack her, shot her in the arm and her three kids near Springfield, Oregon. She drove to the McKenzie-Willamette Hospital with her children in the back and her middle child was already dead. Downs had been shot in her left forearm, which was later determined to be a self inflicted wound used to support her original story. Downs behavior was suspicious and her manner was too calm for such a traumatic event. She was even recorded laughing during police videotapes of describing the gruesome events. Police discovered that Downs was involved with a man in Arizona named Robert Knickerbocker, who did not want children in his life. Prosecutors believed that Downs attempted to kill her kids so she could continue her affair with Knickerbocker, but it was the testimony of her daughter Christie that finally determined Downs’ guilt and she was sentenced to life in prison.
10.Beltway Sniper Attacks: The Beltway sniper attacks occurred in Washington D.C., Maryland and Virginia during a three-week killing spree in October 2002. Led by John Allen Muhammad and a minor, Lee Boyd Malyo, they killed 10 people and critically injured three others throughout the Washington Metropolitan Area. They traveled using the Capital Beltway and created utter chaos and fear throughout communities, in which children were kept indoors for their protection. The two shooters were found sleeping in their car at a rest stop and were arrested on federal weapons charges. Although few motives were firmly established, Muhammad was guilty of killing "pursuant to the direction or order" of terrorism, according to a Virginia court. Malyo testified that they killed people in hopes of kidnapping children to extort money from the government and teach them how to terrorize cities. In 2003, Muhammad was sentenced to death and Malyo was sentenced to six consecutive life sentences without parole.
This top 10 list was compiled by the folks at Criminal Justice Degrees Guide. The link to the Top 10 list is on their website at the link below:
http://www.criminaljusticedegreesguide.com/features/10-most-senseless-acts-of-murder.html
This is a list of crimes that never should have occurred. The victims did not deserve to suffer such atrocities. Unfortunately these senseless murders did occur and they now rank among the most senseless in history.
ALABAMA MAN, GABE WATSON, ALLEGED TO HAVE KILLED HIS NEW WIFE, TINA WATSON, WHILE ON THEIR HONEYMOON SCUBA-DIVING IN AUSTRALIA, IS DEPORTED TO THE UNITED STATES FOR A SECOND CRIMINAL PROSECUTION, THIS TIME IN ALABAMA, RELATED TO HER DEATH
A very interesting case is developing in Alabama, where a man has been sent back to the United States from Australia to face state court charges in Alabama relating to the 2003 death of his wife of 11 days while on their honeymoon in Australia.
According to news reports, Gabe Watson married Tina Watson back in 2003 in Alabama. They went on a honeymoon to Australia, and 11 days after their marriage, while scuba-diving on the Great Barrier Reef in Australia, Tina Watson died. The cause of her death was apparently drowning.
After an investigation in Australia, Gabe Watson was charged in Australia, and eventually in 2009 he voluntarily returned to Australia to face those charges. In 2009, he pled out to a manslaughter charge, and he received an 18 month prison sentence.
After Gabe Watson completed his prison sentence in Australia, Alabama charged him with crimes relating to the death of his wife in Australia, and Alabama wanted him returned to the U.S. to face those charges.
A link to the story is here:
http://www.wlfi.com/dpps/news/national/south/Copy_of_honeymoon-death-suspect-returns-to-us_3658621
The text of the AP article by Greg Risling is below in red:
An Alabama man suspected of killing his wife on their honeymoon on the Great Barrier Reef has been indicted on two murder counts in his home state after serving 18 months in an Australian prison for her 2003 drowning death, the state attorney general said Thursday.
Gabe Watson, 33, arrived in Los Angeles on Thursday morning after he was deported on a commercial flight from the southern Australian city of Melbourne. Immigration Minister Chris Bowen said Watson was accompanied by two Immigration Department staff and three Queensland state police officers on the flight.
Los Angeles Lt. Aaron McCraney told The Associated Press that Watson was taken to a local police substation after his arrival.
Troy King, the Alabama attorney general, has promised not to seek the death penalty as a condition for getting Australian authorities to extradite Watson. He said Watson was indicted by an Alabama grand jury on capital murder in the course of kidnapping, and capital murder for pecuniary gain. The charges were kept under seal until he was brought back to the U.S. on Thursday.
Alabama hopes to make arrangements to bring Watson back to the state early next week.
Bowen said Watson returned to the United States voluntarily after both Alabama and U.S. federal authorities guaranteed that he would not face the death penalty.
Watson's lawyer, Adrian Braithwaite, said his client was happy to go.
"He's looking forward to returning home and successfully defending himself if there's a trial there," Braithwaite told The Associated Press.
Watson was dubbed the "Honeymoon Killer" by the Australian media after his wife drowned during a 2003 scuba diving trip on the Great Barrier Reef off Queensland's tropical coast with her husband, an accomplished diver.
In 2008, the Queensland state coroner found there was sufficient evidence to charge Watson with her death, and he was officially charged with murder a few months later.
In 2009, Watson -- who had remarried -- traveled to Australia to face trial.
Officials in Queensland state argued he killed his wife by turning off her air supply and holding her underwater. When Watson pleaded guilty to the lesser manslaughter charge last year, he was sentenced to 18 months -- a punishment Tina Watson's family and Alabama authorities slammed as far too lenient.
Queensland Coroner David Glasgow said a possible motive for the killing was Tina Watson's modest life insurance policy.
Alabama Attorney General Troy King has said he believes Watson devised a plot in Alabama to kill his wife on their honeymoon, which would give the U.S. state jurisdiction to charge him. King has argued there are no international standards on double jeopardy that prevent Alabama from trying Watson again over the death.
Bowen said it was not an issue for Australia whether there was a new prosecution.
"My role has been to ensure that we fulfill our treaty obligations, we've done that," Bowen told reporters in Canberra. "Double jeopardy is not covered by our treaty obligations."
"There is various speculation about what Mr. Watson may or may not be charged with -- I've seen some speculation that they would be different charges to what he's been charged with in Australia -- but that is not a matter the Australian government has a role in," he said.
Under Australia's Extradition Act, a person cannot be deported to face prosecution on a capital charge unless there is an assurance the death penalty will not be imposed.
Australia refused to send Gabe Watson back to the United States for a trial in Alabama until it had assurances that no death penalty prosecution would be brought against him in the United States. Once Australia received those assurances from the United States, Gabe Watson was sent back to the United States to face the Alabama state court prosecution. And that is where Gabe Watson finds himself now, on the way back to Alabama to face charges brought by the Grand Jury in Alabama relating to the death of his wife, Tina Watson.
So this case presents some interesting dilemmas and legal issues:
First, since Australia does not have the death penalty, the United States (and Alabama) had to agree not to seek the death penalty against Gabe Watson before Australia would send him back to the United States for trial in Alabama. That means that Gabe Watson can never face a death penalty prosecution in Alabama for the death of Tina Watson.
Second, how does Alabama prove the case in state court in Alabama? There may be some major proof problems with this case.
Third, there are also likely to be some major jurisdictional problems with Alabama's prosecution as well. There is the possibility that this case gets dismissed in Alabama before it ever even gets to trial.
And finally, is there any double jeopardy protection for a U.S. citizen based upon a prior related prosecution in Australia? That will be an issue that likely will be researched and litigated in this case.
I really do think that Alabama prosecutors have their work cut out for them in this case. There is a distinct possibility that Gabe Watson will walk from these charges in Alabama. Time will tell, and this will be an interesting prosecution to watch.
All this of course overlooks the tragedy of Tina Watson's death in Australia, a young woman who was starting her life as a newlywed and who ended up dying in a foreign country. What a sad story indeed.
According to news reports, Gabe Watson married Tina Watson back in 2003 in Alabama. They went on a honeymoon to Australia, and 11 days after their marriage, while scuba-diving on the Great Barrier Reef in Australia, Tina Watson died. The cause of her death was apparently drowning.
After an investigation in Australia, Gabe Watson was charged in Australia, and eventually in 2009 he voluntarily returned to Australia to face those charges. In 2009, he pled out to a manslaughter charge, and he received an 18 month prison sentence.
After Gabe Watson completed his prison sentence in Australia, Alabama charged him with crimes relating to the death of his wife in Australia, and Alabama wanted him returned to the U.S. to face those charges.
A link to the story is here:
http://www.wlfi.com/dpps/news/national/south/Copy_of_honeymoon-death-suspect-returns-to-us_3658621
The text of the AP article by Greg Risling is below in red:
An Alabama man suspected of killing his wife on their honeymoon on the Great Barrier Reef has been indicted on two murder counts in his home state after serving 18 months in an Australian prison for her 2003 drowning death, the state attorney general said Thursday.
Gabe Watson, 33, arrived in Los Angeles on Thursday morning after he was deported on a commercial flight from the southern Australian city of Melbourne. Immigration Minister Chris Bowen said Watson was accompanied by two Immigration Department staff and three Queensland state police officers on the flight.
Los Angeles Lt. Aaron McCraney told The Associated Press that Watson was taken to a local police substation after his arrival.
Troy King, the Alabama attorney general, has promised not to seek the death penalty as a condition for getting Australian authorities to extradite Watson. He said Watson was indicted by an Alabama grand jury on capital murder in the course of kidnapping, and capital murder for pecuniary gain. The charges were kept under seal until he was brought back to the U.S. on Thursday.
Alabama hopes to make arrangements to bring Watson back to the state early next week.
Bowen said Watson returned to the United States voluntarily after both Alabama and U.S. federal authorities guaranteed that he would not face the death penalty.
Watson's lawyer, Adrian Braithwaite, said his client was happy to go.
"He's looking forward to returning home and successfully defending himself if there's a trial there," Braithwaite told The Associated Press.
Watson was dubbed the "Honeymoon Killer" by the Australian media after his wife drowned during a 2003 scuba diving trip on the Great Barrier Reef off Queensland's tropical coast with her husband, an accomplished diver.
In 2008, the Queensland state coroner found there was sufficient evidence to charge Watson with her death, and he was officially charged with murder a few months later.
In 2009, Watson -- who had remarried -- traveled to Australia to face trial.
Officials in Queensland state argued he killed his wife by turning off her air supply and holding her underwater. When Watson pleaded guilty to the lesser manslaughter charge last year, he was sentenced to 18 months -- a punishment Tina Watson's family and Alabama authorities slammed as far too lenient.
Queensland Coroner David Glasgow said a possible motive for the killing was Tina Watson's modest life insurance policy.
Alabama Attorney General Troy King has said he believes Watson devised a plot in Alabama to kill his wife on their honeymoon, which would give the U.S. state jurisdiction to charge him. King has argued there are no international standards on double jeopardy that prevent Alabama from trying Watson again over the death.
Bowen said it was not an issue for Australia whether there was a new prosecution.
"My role has been to ensure that we fulfill our treaty obligations, we've done that," Bowen told reporters in Canberra. "Double jeopardy is not covered by our treaty obligations."
"There is various speculation about what Mr. Watson may or may not be charged with -- I've seen some speculation that they would be different charges to what he's been charged with in Australia -- but that is not a matter the Australian government has a role in," he said.
Under Australia's Extradition Act, a person cannot be deported to face prosecution on a capital charge unless there is an assurance the death penalty will not be imposed.
Australia refused to send Gabe Watson back to the United States for a trial in Alabama until it had assurances that no death penalty prosecution would be brought against him in the United States. Once Australia received those assurances from the United States, Gabe Watson was sent back to the United States to face the Alabama state court prosecution. And that is where Gabe Watson finds himself now, on the way back to Alabama to face charges brought by the Grand Jury in Alabama relating to the death of his wife, Tina Watson.
So this case presents some interesting dilemmas and legal issues:
First, since Australia does not have the death penalty, the United States (and Alabama) had to agree not to seek the death penalty against Gabe Watson before Australia would send him back to the United States for trial in Alabama. That means that Gabe Watson can never face a death penalty prosecution in Alabama for the death of Tina Watson.
Second, how does Alabama prove the case in state court in Alabama? There may be some major proof problems with this case.
Third, there are also likely to be some major jurisdictional problems with Alabama's prosecution as well. There is the possibility that this case gets dismissed in Alabama before it ever even gets to trial.
And finally, is there any double jeopardy protection for a U.S. citizen based upon a prior related prosecution in Australia? That will be an issue that likely will be researched and litigated in this case.
I really do think that Alabama prosecutors have their work cut out for them in this case. There is a distinct possibility that Gabe Watson will walk from these charges in Alabama. Time will tell, and this will be an interesting prosecution to watch.
All this of course overlooks the tragedy of Tina Watson's death in Australia, a young woman who was starting her life as a newlywed and who ended up dying in a foreign country. What a sad story indeed.
Sunday, October 31, 2010
DNA STRIKES 25 YEARS AFTER ALLEGED RAPE AND STABBING, CAUSING ARREST OF SUSPECT
Some 25 years ago, in 1985, a victim reported a rape and stabbing. It happened at Deerfield Beach High School in Broward County, Florida. The victim, a teenage high school student, reported that she was stabbed in the stomach and raped under a portable classroom at the high school.
It is hard to imagine a more terrible and horrendous crime for a young teenage high school student to experience.
Here is the link to the Sun Sentinel article:
http://www.sun-sentinel.com/news/broward/deerfield/fl-cold-case-rape-arrest-20101027,0,2555883.story
The woman, who was just a teenager at the time of the attack, was traumatized so badly that she still is affected by the rape and stabbing today, some 25 years later. Here is the Sun Sentinel article below in red:
By Sofia Santana and Brittany Wallman, Sun Sentinel
Twenty-five years after a teenage girl's horrific stabbing and rape under a portable classroom at Deerfield Beach High, Broward Sheriff's detectives have arrested a suspect.
A homeless man whose DNA was recently entered into the state's convicted felons DNA database matched a DNA sample collected in the October 1985 rape case, said Broward Sheriff's Office Detective Eric Hendel.
Deputies arrested Renis Olriedge, 46, who had been living at a shelter in Palm Beach County, on Wednesday. He was being held at the Broward Main Jail and denied having any knowledge of the attack, Hendel said.
Olriedge was 21 years old at the time.
The girl was 14, a student at the school who had just moved to the area.
"She carries very, very deep emotional scars," Hendel said of the victim, now 39.
Newspaper reports from that time describe the violence of the attack, which was the first rape reported at a Broward public school. It happened soon after school ended for the day.
The girl had been waiting for a friend, and when that friend didn't show, the girl decided to walk to her friend's house alone. As the girl walked between the portables at the west end of the school, a man armed with a knife grabbed her from behind.
The man beat her as she tried to fight back.
"He stabbed her in the stomach," Hendel said. "She stopped fighting at that point."
The attacker ordered the girl to crawl under a portable, where he raped her. The man also told her that he knew where she lived and would kill her if she told anyone. He told her to stay under the portable after he left, Hendel said.
The girl waited a few moments before she crawled, with a wounded stomach and bruises covering her face, out from the dark space under the portable, and sought help.
The girl had described her attacker as a clean-shaven black man who she guessed weighed about 120 pounds. His right front tooth was chipped, she told police, and she thought he could have been as young as 16.
The Deerfield Beach Police Department — which in 1990 was absorbed into the Broward Sheriff's Office — investigated the case and hung on to a DNA sample collected during the girl's rape examination. At the time, though, there were no DNA databases to enter the sample into.
The case eventually grew cold.
Then, in 2007, Hendel arrested a suspected rapist in Deerfield Beach. The arrest made headlines and prompted the woman who was attacked at the high school to call Hendel and ask whether that suspect might be linked to her case.
Hendel said he researched the woman's case and found that the arrested man's DNA did not match that of the woman's attacker. However, for the first time, he was able to enter the DNA from the woman's rape kit into a national DNA database called CODIS. The database, with tens of thousands of old entries and new ones added daily nationwide, was launched in the early 1990s, years after the attack.
In September, the database found a match that pointed to Olriedge, Hendel said.
West Palm Beach police had arrested Olriedge in January on a cocaine possession charge. State records show he was convicted in March, after which he was required to submit a DNA sample to the state's convicted felons DNA database.
Samples in the state's database are routinely checked against CODIS, and three days after Olriedge gave a DNA sample to the state, the databases identified him as a match for the DNA collected from the rape at Deerfield Beach High, authorities said.
The arrest might not have happened had the victim not contacted Hendel in 2007, officials said.
The woman no longer lives in Deerfield Beach, Hendel said.
"She was still very much affected by the rape," he said. "She wanted to have some sort of closure other than the counseling she had been going to all these years."
So now, approximately 25 years later, the DNA points to a suspect who has been arrested and is being held in the Broward County Jail. That suspect, Renis Olriedge, is presumed innocent and has not yet been convicted of the crime. A future trial or other court hearings will determine the outcome of the case.
But it continues to amaze me how DNA has such a long arm and how it can stretch back decades and decades to re-open a cold case and cause the arrest of a suspect.
I deal with DNA daily in my cases. I know there can be flaws but I also know that it can be extremely accurate. We will have to follow this case to see what develops as the case winds its way through the courts.
It is hard to imagine a more terrible and horrendous crime for a young teenage high school student to experience.
Here is the link to the Sun Sentinel article:
http://www.sun-sentinel.com/news/broward/deerfield/fl-cold-case-rape-arrest-20101027,0,2555883.story
The woman, who was just a teenager at the time of the attack, was traumatized so badly that she still is affected by the rape and stabbing today, some 25 years later. Here is the Sun Sentinel article below in red:
By Sofia Santana and Brittany Wallman, Sun Sentinel
Twenty-five years after a teenage girl's horrific stabbing and rape under a portable classroom at Deerfield Beach High, Broward Sheriff's detectives have arrested a suspect.
A homeless man whose DNA was recently entered into the state's convicted felons DNA database matched a DNA sample collected in the October 1985 rape case, said Broward Sheriff's Office Detective Eric Hendel.
Deputies arrested Renis Olriedge, 46, who had been living at a shelter in Palm Beach County, on Wednesday. He was being held at the Broward Main Jail and denied having any knowledge of the attack, Hendel said.
Olriedge was 21 years old at the time.
The girl was 14, a student at the school who had just moved to the area.
"She carries very, very deep emotional scars," Hendel said of the victim, now 39.
Newspaper reports from that time describe the violence of the attack, which was the first rape reported at a Broward public school. It happened soon after school ended for the day.
The girl had been waiting for a friend, and when that friend didn't show, the girl decided to walk to her friend's house alone. As the girl walked between the portables at the west end of the school, a man armed with a knife grabbed her from behind.
The man beat her as she tried to fight back.
"He stabbed her in the stomach," Hendel said. "She stopped fighting at that point."
The attacker ordered the girl to crawl under a portable, where he raped her. The man also told her that he knew where she lived and would kill her if she told anyone. He told her to stay under the portable after he left, Hendel said.
The girl waited a few moments before she crawled, with a wounded stomach and bruises covering her face, out from the dark space under the portable, and sought help.
The girl had described her attacker as a clean-shaven black man who she guessed weighed about 120 pounds. His right front tooth was chipped, she told police, and she thought he could have been as young as 16.
The Deerfield Beach Police Department — which in 1990 was absorbed into the Broward Sheriff's Office — investigated the case and hung on to a DNA sample collected during the girl's rape examination. At the time, though, there were no DNA databases to enter the sample into.
The case eventually grew cold.
Then, in 2007, Hendel arrested a suspected rapist in Deerfield Beach. The arrest made headlines and prompted the woman who was attacked at the high school to call Hendel and ask whether that suspect might be linked to her case.
Hendel said he researched the woman's case and found that the arrested man's DNA did not match that of the woman's attacker. However, for the first time, he was able to enter the DNA from the woman's rape kit into a national DNA database called CODIS. The database, with tens of thousands of old entries and new ones added daily nationwide, was launched in the early 1990s, years after the attack.
In September, the database found a match that pointed to Olriedge, Hendel said.
West Palm Beach police had arrested Olriedge in January on a cocaine possession charge. State records show he was convicted in March, after which he was required to submit a DNA sample to the state's convicted felons DNA database.
Samples in the state's database are routinely checked against CODIS, and three days after Olriedge gave a DNA sample to the state, the databases identified him as a match for the DNA collected from the rape at Deerfield Beach High, authorities said.
The arrest might not have happened had the victim not contacted Hendel in 2007, officials said.
The woman no longer lives in Deerfield Beach, Hendel said.
"She was still very much affected by the rape," he said. "She wanted to have some sort of closure other than the counseling she had been going to all these years."
So now, approximately 25 years later, the DNA points to a suspect who has been arrested and is being held in the Broward County Jail. That suspect, Renis Olriedge, is presumed innocent and has not yet been convicted of the crime. A future trial or other court hearings will determine the outcome of the case.
But it continues to amaze me how DNA has such a long arm and how it can stretch back decades and decades to re-open a cold case and cause the arrest of a suspect.
I deal with DNA daily in my cases. I know there can be flaws but I also know that it can be extremely accurate. We will have to follow this case to see what develops as the case winds its way through the courts.
Sunday, October 24, 2010
O.J. SIMPSON LOSES APPEAL IN NEVADA ARMED ROBBERY AND KIDNAPPING CASE; REMAINS IN PRISON SERVING A 9 TO 33 YEAR SENTENCE
O.J. Simpson, who beat a double murder rap in California in 1994, has not been able to beat an armed robbery and kidnapping rap in Nevada.
O.J. Simpson lost at trial in Nevada.
And now, O.J. Simpson has lost his direct appeal.
And O.J. Simpson continues to sit in prison.
The link to an article on yahoo is below:
http://www.lvrj.com/news/nevada-supreme-court-denies-simpson-appeal--overturns-co-defendant-s-conviction-105536708.html
The appeals court denied all of Simpson's grounds for appeal. This is a big win for the State of Nevada as it seeks to keep Simpson in prison for 9 to 33 years. An excerpt from the AP article on yahoo is below in red:
By OSKAR GARCIA, Associated Press Writer LAS VEGAS – The Nevada Supreme Court refused Friday to overturn O.J. Simpson's armed robbery and kidnapping convictions, rejecting a claim that prospective jurors were dismissed because they were black.
Simpson attorney Yale GalanterLas Vegas hotel room was upheld.
The court said all eight separate issues raised in the appeal — some alleging misconduct by prosecutors and the judge — were without merit.
"We felt that we were on solid legal ground and that Judge Glass made appropriate decisions during the trial," Clark County District Attorney David Roger said.
Separately, the court ordered the conviction of Simpson's co-defendant Clarence "C.J." Stewart to be reversed and a new trial held. Stewart's lawyers successfully contended that Simpson's notoriety had hurt Stewart's ability to get a fair trial.
"This is no disrespect to O.J., but O.J. kind of made his own bed over the years," said attorney Brent Bryson, who represents Stewart. "My guy was kind of taken along for the ride."
Bryson planned to meet with Clark County prosecutors to determine the next legal steps while trying to get Stewart released from prison. Roger said his office would decide how to proceed in the next few weeks.
Simpson, 63, is serving nine to 33 years at a state prison in Lovelock Correctional Center, 90 miles northeast of Reno. Stewart, 56, is serving 7 1/2 to 27 years in Northern Nevada Correctional Center, a medium-security prison in Carson City.
Both men were convicted of kidnapping, armed robbery, conspiracy and other crimes for what Simpson maintained was an attempt to retrieve stolen family photos and mementoes from memorabilia dealers.
Middle-man Thomas Riccio arranged the Palace Station hotel room meeting for a client interested in obtaining Simpson mementos and other memorabilia from collectors Bruce Fromong and Alfred Beardsley.
The client turned out to be Simpson, who entered the room with Riccio, Stewart and four other men. Two were armed. They left with pillow cases stuffed with the memorabilia and Fromong's hat and cell phone.
Riccio was granted immunity from prosecution in exchange for testimony and secret recordings given to police — after he made $210,000 selling excerpts to media outlets. The other men — Walter "Goldie" Alexander, Michael "Spencer" McClinton, Charles Ehrlich and Charles Cashmore — took plea deals and testified against Simpson and Stewart.
The key issues in the former football star's appeal were the racial makeup of the jury and the conduct of Clark County District Court Judge Jackie Glass.
Simpson's lawyers argued that prosecutors improperly rejected two jurors because they were African American. But the court concluded that except for providing the race of the prospective jurors, the lawyers didn't offer any evidence of discrimination. Prosecutors gave race-neutral reasons for dismissing the jurors, the court said.
The court also said it reviewed 34 instances in which Simpson's lawyers alleged misconduct by Glass, then concluded most of the allegations consisted of warnings by Glass for lawyers to stop talking and sit down.
The court also noted both sides in the case had been admonished during the trial.
"Of the 23 volumes of appendices, covering over four weeks of trial, there is hardly a moment of the trial where numerous attorneys were not trying to speak over one another," the court said in its order.
A spokeswoman for the Clark County Court did not immediately return a call from the AP seeking comment from Glass.
The Nevada Supreme Court, however, said the lower court abused its discretion when it denied a motion to separate the trials of Stewart and Simpson. That ruling "prejudiced Stewart by having a substantial and injurious effect on the verdict," the court said.
So, O.J. Simpson remains in prison in Nevada serving a 9 to 33 year prison sentence. That is a lot of time for the 63 year old Simpson to serve.
A lot of time.
The official Nevada State prison print-out showing the counts of conviction and sentences for O.J Simpson can be found at:
http://www.doc.nv.gov/notis/detail.php?offender_id=1027820
So the question is, will O.J. Simpson live long enough to ever be released from prison?
O.J. Simpson lost at trial in Nevada.
And now, O.J. Simpson has lost his direct appeal.
And O.J. Simpson continues to sit in prison.
The link to an article on yahoo is below:
http://www.lvrj.com/news/nevada-supreme-court-denies-simpson-appeal--overturns-co-defendant-s-conviction-105536708.html
The appeals court denied all of Simpson's grounds for appeal. This is a big win for the State of Nevada as it seeks to keep Simpson in prison for 9 to 33 years. An excerpt from the AP article on yahoo is below in red:
By OSKAR GARCIA, Associated Press Writer LAS VEGAS – The Nevada Supreme Court refused Friday to overturn O.J. Simpson's armed robbery and kidnapping convictions, rejecting a claim that prospective jurors were dismissed because they were black.
Simpson attorney Yale GalanterLas Vegas hotel room was upheld.
The court said all eight separate issues raised in the appeal — some alleging misconduct by prosecutors and the judge — were without merit.
"We felt that we were on solid legal ground and that Judge Glass made appropriate decisions during the trial," Clark County District Attorney David Roger said.
Separately, the court ordered the conviction of Simpson's co-defendant Clarence "C.J." Stewart to be reversed and a new trial held. Stewart's lawyers successfully contended that Simpson's notoriety had hurt Stewart's ability to get a fair trial.
"This is no disrespect to O.J., but O.J. kind of made his own bed over the years," said attorney Brent Bryson, who represents Stewart. "My guy was kind of taken along for the ride."
Bryson planned to meet with Clark County prosecutors to determine the next legal steps while trying to get Stewart released from prison. Roger said his office would decide how to proceed in the next few weeks.
Simpson, 63, is serving nine to 33 years at a state prison in Lovelock Correctional Center, 90 miles northeast of Reno. Stewart, 56, is serving 7 1/2 to 27 years in Northern Nevada Correctional Center, a medium-security prison in Carson City.
Both men were convicted of kidnapping, armed robbery, conspiracy and other crimes for what Simpson maintained was an attempt to retrieve stolen family photos and mementoes from memorabilia dealers.
Middle-man Thomas Riccio arranged the Palace Station hotel room meeting for a client interested in obtaining Simpson mementos and other memorabilia from collectors Bruce Fromong and Alfred Beardsley.
The client turned out to be Simpson, who entered the room with Riccio, Stewart and four other men. Two were armed. They left with pillow cases stuffed with the memorabilia and Fromong's hat and cell phone.
Riccio was granted immunity from prosecution in exchange for testimony and secret recordings given to police — after he made $210,000 selling excerpts to media outlets. The other men — Walter "Goldie" Alexander, Michael "Spencer" McClinton, Charles Ehrlich and Charles Cashmore — took plea deals and testified against Simpson and Stewart.
The key issues in the former football star's appeal were the racial makeup of the jury and the conduct of Clark County District Court Judge Jackie Glass.
Simpson's lawyers argued that prosecutors improperly rejected two jurors because they were African American. But the court concluded that except for providing the race of the prospective jurors, the lawyers didn't offer any evidence of discrimination. Prosecutors gave race-neutral reasons for dismissing the jurors, the court said.
The court also said it reviewed 34 instances in which Simpson's lawyers alleged misconduct by Glass, then concluded most of the allegations consisted of warnings by Glass for lawyers to stop talking and sit down.
The court also noted both sides in the case had been admonished during the trial.
"Of the 23 volumes of appendices, covering over four weeks of trial, there is hardly a moment of the trial where numerous attorneys were not trying to speak over one another," the court said in its order.
A spokeswoman for the Clark County Court did not immediately return a call from the AP seeking comment from Glass.
The Nevada Supreme Court, however, said the lower court abused its discretion when it denied a motion to separate the trials of Stewart and Simpson. That ruling "prejudiced Stewart by having a substantial and injurious effect on the verdict," the court said.
So, O.J. Simpson remains in prison in Nevada serving a 9 to 33 year prison sentence. That is a lot of time for the 63 year old Simpson to serve.
A lot of time.
The official Nevada State prison print-out showing the counts of conviction and sentences for O.J Simpson can be found at:
http://www.doc.nv.gov/notis/detail.php?offender_id=1027820
So the question is, will O.J. Simpson live long enough to ever be released from prison?
Friday, October 15, 2010
17 YEAR OLD TEEN JOSE TORRES CHARGED WITH MANSLAUGHTER FOR SHOOTING HIS 12 YEAR OLD FRIEND AND NEIGHBOR: BUT WAS THIS NOTHING MORE THAN A TRAGIC ACCIDENT?
A 17 year old teenager, Jose Torres, has been charged with manslaughter for shooting his 12 year old friend and neighbor.
Manslaughter is a serious felony under Florida law and could result in some serious prison time for 17 year old Jose Torres, especially if he is charged as an adult.
The media is all over this story. The police have shown an "arsenal" of weapons which the 17 year old teen allegedly possessed in his room. The link to the Sun Sentinel article is below:
http://www.sun-sentinel.com/news/broward/deerfield/fl-teen-charged-shooting-folo-20101015,0,2930669.story
In reviewing the news reports on this case, it seems that this may be nothing more than a tragic accident.
That's right, not manslaughter at all, but a tragic accident.
The fact that the 17 year old teen may have had some weapons and firearms in his room does not mean that he is guilty of the crime of manslaughter. It merely means that he had a fascination with weapons and firearms. Not a good thing in this day and age, and certainly not something to be encouraged, but certainly not proof beyond a reasonable doubt of the crime of manslaughter.
Here is an excerpt (in red) from the Sun Sentinel article:
The 12-year-old boy who detectives say was shot in the face by his friend this week died Friday afternoon, the Broward Sheriff's Office announced.
Anthony Alejandre, 12, of Deerfield Beach died at 2:30 p.m. at Broward General Medical Center, Broward Sheriff's spokesman Mike Jachles said.
Alejandre's neighbor and friend, Jose Torres, 17, was arrested Thursday and charged with attempted manslaughter with a weapon.
At a press conference Friday, Jachles said sheriff's investigators had talked with prosecutors and that felony charges against Torres will be upgraded to manslaughter by act with a firearm, and tampering and or fabricating with physical evidence.
In Broward Juvenile Court Thursday, Judge Elijah Williams ordered Torres to be placed in secure detention until a Nov. 3 hearing. His parents were not in court.
Assistant Public Defender Betsy Benson took on Torres' case Friday and said she visited the teen in the juvenile detention center that morning.
"Mostly we prayed about the victim," Benson said. "Jose kept asking about Anthony."
Benson said of her client, "He's young. He's very quiet and seems very naïve. He's never been in trouble before. He's trying to sort through this tragedy. I'm trying to figure out how to tell him tonight that this has happened, to tell this child his friend has died."
To Alejandre's survivors, Benson said, "We're just so sorry for the family, and so sorry for their loss. This is a tragedy all around."
Alejandre was visiting Torres Oct. 11 and the pair played in Torres' bedroom, Broward Sheriff's Homicide Detective Jeffrey Kogan said.
The door to Torres' bedroom in the Deerfield Beach home in the 600 block of Northwest First Way was locked, and Torres' mother was in another room of the house, Kogan said.
"[Torres] pulls out a suitcase from under his bed and they each grab a gun," Kogan said of Torres' description of the incident. "[Torres] said the victim took the small revolver, and [Torres] took the 9 mm Ruger, which he knew was loaded. He then pointed it at his friend and pulled the trigger."
Alejandre was shot in his right cheek. The bullet severed his spinal column before exiting his body through the left shoulder blade, Kogan said.
"He said he didn't think a round was in the chamber," Kogan said Torres told him about the shooting. Investigators said the teen changed his story several times. "Our problem is he said in the past he has shot the gun before."
The weapon used in the shooting had been stolen four months ago in a Deerfield Beach home burglary, according to the Broward Sheriff's office. On Thursday, detectives displayed a table full of guns, swords, knives and brass knuckles that they said were confiscated from Torres' bedroom,
Torres worked at the Swap Shop flea market in Fort Lauderdale, investigators said, and he saved his salary to buy weapons during the past year, according to the Broward Sheriff's Office.
Investigators said six handguns were taken from Torres: a .45-caliber pistol; the 9mm Ruger allegedly used in the shooting; a .38-caliber Taurus pistol; a .12-gauge Mossberg shotgun; a Tec-9 automatic pistol and a 9 mm Berretta.
Also displayed Thursday were three Samurai-style swords that ranged from 29 inches to 14 inches long; an "Excalibur King Arthur" replica 40-inch sword; a 10-inch knife decorated with a gargoyle handle; a knife with three blades decorated with a dragon; two necklaces that concealed 1-inch blades; throwing stars; nunchuks and other gear.
It is sad indeed that the 12 year old youth, Anthony Alejandre, has lost his life. Our prayers go out to his family. It is a tragic loss that never should have happened.
The next step in this case is for the Broward State Attorney's Office to file formal charges against teenager Jose Torres and decide whether to file this case in adult court or keep it in juvenile court. My expectation is that the State will file the case in adult court and seek to send the 17 year old to prison.
If this is, in fact, nothing more than an accidental shooting by a young man with a fascination for weapons and guns, then he is not guilty of manslaughter and should not go to prison. Let's hope that this case is properly investigated and handled.
The last thing that is needed is for the tragedy of the killing of 12 year old Anthony Alejandre to be compounded by the wrongful conviction of 17 year old Jose Torres.
Manslaughter is a serious felony under Florida law and could result in some serious prison time for 17 year old Jose Torres, especially if he is charged as an adult.
The media is all over this story. The police have shown an "arsenal" of weapons which the 17 year old teen allegedly possessed in his room. The link to the Sun Sentinel article is below:
http://www.sun-sentinel.com/news/broward/deerfield/fl-teen-charged-shooting-folo-20101015,0,2930669.story
In reviewing the news reports on this case, it seems that this may be nothing more than a tragic accident.
That's right, not manslaughter at all, but a tragic accident.
The fact that the 17 year old teen may have had some weapons and firearms in his room does not mean that he is guilty of the crime of manslaughter. It merely means that he had a fascination with weapons and firearms. Not a good thing in this day and age, and certainly not something to be encouraged, but certainly not proof beyond a reasonable doubt of the crime of manslaughter.
Here is an excerpt (in red) from the Sun Sentinel article:
The 12-year-old boy who detectives say was shot in the face by his friend this week died Friday afternoon, the Broward Sheriff's Office announced.
Anthony Alejandre, 12, of Deerfield Beach died at 2:30 p.m. at Broward General Medical Center, Broward Sheriff's spokesman Mike Jachles said.
Alejandre's neighbor and friend, Jose Torres, 17, was arrested Thursday and charged with attempted manslaughter with a weapon.
At a press conference Friday, Jachles said sheriff's investigators had talked with prosecutors and that felony charges against Torres will be upgraded to manslaughter by act with a firearm, and tampering and or fabricating with physical evidence.
In Broward Juvenile Court Thursday, Judge Elijah Williams ordered Torres to be placed in secure detention until a Nov. 3 hearing. His parents were not in court.
Assistant Public Defender Betsy Benson took on Torres' case Friday and said she visited the teen in the juvenile detention center that morning.
"Mostly we prayed about the victim," Benson said. "Jose kept asking about Anthony."
Benson said of her client, "He's young. He's very quiet and seems very naïve. He's never been in trouble before. He's trying to sort through this tragedy. I'm trying to figure out how to tell him tonight that this has happened, to tell this child his friend has died."
To Alejandre's survivors, Benson said, "We're just so sorry for the family, and so sorry for their loss. This is a tragedy all around."
Alejandre was visiting Torres Oct. 11 and the pair played in Torres' bedroom, Broward Sheriff's Homicide Detective Jeffrey Kogan said.
The door to Torres' bedroom in the Deerfield Beach home in the 600 block of Northwest First Way was locked, and Torres' mother was in another room of the house, Kogan said.
"[Torres] pulls out a suitcase from under his bed and they each grab a gun," Kogan said of Torres' description of the incident. "[Torres] said the victim took the small revolver, and [Torres] took the 9 mm Ruger, which he knew was loaded. He then pointed it at his friend and pulled the trigger."
Alejandre was shot in his right cheek. The bullet severed his spinal column before exiting his body through the left shoulder blade, Kogan said.
"He said he didn't think a round was in the chamber," Kogan said Torres told him about the shooting. Investigators said the teen changed his story several times. "Our problem is he said in the past he has shot the gun before."
The weapon used in the shooting had been stolen four months ago in a Deerfield Beach home burglary, according to the Broward Sheriff's office. On Thursday, detectives displayed a table full of guns, swords, knives and brass knuckles that they said were confiscated from Torres' bedroom,
Torres worked at the Swap Shop flea market in Fort Lauderdale, investigators said, and he saved his salary to buy weapons during the past year, according to the Broward Sheriff's Office.
Investigators said six handguns were taken from Torres: a .45-caliber pistol; the 9mm Ruger allegedly used in the shooting; a .38-caliber Taurus pistol; a .12-gauge Mossberg shotgun; a Tec-9 automatic pistol and a 9 mm Berretta.
Also displayed Thursday were three Samurai-style swords that ranged from 29 inches to 14 inches long; an "Excalibur King Arthur" replica 40-inch sword; a 10-inch knife decorated with a gargoyle handle; a knife with three blades decorated with a dragon; two necklaces that concealed 1-inch blades; throwing stars; nunchuks and other gear.
It is sad indeed that the 12 year old youth, Anthony Alejandre, has lost his life. Our prayers go out to his family. It is a tragic loss that never should have happened.
The next step in this case is for the Broward State Attorney's Office to file formal charges against teenager Jose Torres and decide whether to file this case in adult court or keep it in juvenile court. My expectation is that the State will file the case in adult court and seek to send the 17 year old to prison.
If this is, in fact, nothing more than an accidental shooting by a young man with a fascination for weapons and guns, then he is not guilty of manslaughter and should not go to prison. Let's hope that this case is properly investigated and handled.
The last thing that is needed is for the tragedy of the killing of 12 year old Anthony Alejandre to be compounded by the wrongful conviction of 17 year old Jose Torres.
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