Articles Posted in Articles of Interest

A former escaped inmate who killed a New York state trooper and wounded two others while on the run in 2006 cannot withdraw his guilty pleas and stand trial, an appeals court ruled Friday.

The man, Ralph “Bucky” Phillips told the judge in November 2006 that he was “guilty as hell” of murder as well as several other charges in the killing and wounding of state troopers who were staking out his former girlfriends home. Phillips argued last week in front of an appellate panel that he had only voluntarily entered his pleas because of bad advice from his court-appointed counsel.

In accepting guilty pleas, the court must inquire whether the defendant is pleading voluntarily, knowingly, and understandingly, and the adjudicative element inherent in accepting a plea of guilty must be attended by safeguards to insure the defendant what is reasonably due in the circumstances. Those circumstances will vary, but a constant factor is that when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled. Phillips contends he pleaded guilty because his trial lawyer falsely told him that if he didn’t, his former girlfriend and their daughter could be imprisoned as accessories. The judges countered that Phillips “stated at the time of the plea that he was satisfied with the services of his attorney.” The 46 year old is serving a life sentence without the possibility of parole.

A woman filed suit Thursday against a Delaware based radio-station after she was set up on a date with a man over the air and was subsequently raped.

Attorneys for the victim filed a lawsuit against Travis Harvey, charged in the crime, and Delaware-based NextMedia, parent company of WXLC, claiming the station should have done a background check on the man they were promoting as a “great guy,” although he was a convicted felon. ` The victim claims that the radio station ran the “Win a Date with Travis” competition last year. The radio station said Travis Harvey of Gurnee was a “great guy” and “kind.” But as a busy single father, Harvey couldn’t find the time to meet the right woman.

Harvey, 46, pled guilty to sexually assaulting the 24 year old and was sentenced to 2 years probation and 12 months periodic imprisonment last week. The civil lawsuit seeks financial compensation from both Harvey and the radio station. Although Harvey and the victim were set up on a radio sponsored event, it was on the second subsequent date that the assault occurred. She is seeking $50,000 in damages reportedly from the costs of therapy, counseling as well as emotional distress.

Victoria’s Secret, the US lingerie firm, is facing the prospect of being sued by dozens of American women who claim their bras brought them out in painful rashes and welts.

The original claim was brought by Roberta Ritta, 37, who claims that after purchasing the Angel’s Secret Embrace bra it caused her welts that were very red, extremely inflamed, and blistery. Her lawyers say they purchased the same bra types that Miss Ritter had bought and had them laboratory tested. They claim the tests revealed that the bras showed traces of formaldehyde, which is used in the textile industry to make fabrics crease-resistant.

Although one might assume that Victoria Secret was just another victim of frivolous lawsuits brought against the lingerie giant, they were sued earlier this year when a customer claimed they were hit in the eye by a diamond that shot off her underwear, now several other customers are claiming the same types of injuries associated with the underwear. A spokesman for Victoria Secret has denied that formaldehyde is used to produce its bras. Victoria Secret’s liability will ultimately rest on their knowledge and use of any dangerous chemicals in producing their bras, their level of precaution, as well as the possibility of any contamination after manufacturing. A judge next year will decide the fate of the lawsuit as well as the viability of a potential class action suit. Until then, if you or anyone you know owns any of the alleged “toxic bras” you should be cautious, especially if you’re allergic to formaldehyde.

A sex offender had to be restrained from attacking a group of Northern California reporters with a box cutter when they tracked him down for failing to register as a sex offender. Darren Kawamoto, 44, was put in police custody last Tuesday evening after a violent outburst directed at both reporters and their camera crews. Kawamoto’s was previously arrested for sodomy and oral copulation with a victim younger than 14, a sex crime. However, under California law, since Mr. Kawamoto did not have a permanent address, he was at his mother’s house at the time of the incident, he did not have to let the authorities know of his whereabouts in order to comply with the sex offender registration once he was released from prison. Once the media got word of his whereabouts they went to confront the man for not letting authorities know exactly where he was. Upon reaching the door, the media was verbally assaulted by the man who even pulled out a box cutter and threatened to cut them if they aired the video and did not leave.

It is unfortunate when someone feels like their right to privacy has been compromised to the point that they lash out. However, what Mr. Kawamoto did was completely uncalled for and should be punished. This was not a case of self defense and being that this was his mother’s home, she should have been the one to force the media to leave, not Mr. Kawamoto. This assault charge will likely stick not just because of the verbal threats made but because of his ability to actually carry out them out. Coming from someone with a violent past, it seems like Mr. Kawamoto’s actions will send him behind bars. Although the media is not completely innocent in this case, you cannot blame them for trying to take action to inform their residents about sex offenders when these types of registration loop holes exist in the law.

Are red light cameras a help or a hindrance to traffic safety? Are they even constitutional at all?

Legal challenges are popping up in several towns all over the country involving this same issue. A town in Ohio was even willing to boot every single member of their own city council for approving the use of these red light camera machines. Although most courts have side stepped the constitutional question to these red light cameras, the Minnesota Supreme Court in April 2007 found their camera laws did violate the Constitution on procedural grounds. Critics of these camera laws contend that by citing vehicles who go through these lights without identifying the driver is like convicting a gun for murder. Some towns were even caught shortening the length of yellow lights in order to help raise revenues.
On one hand these traffic lights are necessary for the protection and safety of drivers from those who without such measures would recklessly disregard these lights. Drivers that routinely run red lights are a threat to others as well as themselves. On the other hand if a city is going to implement red light cameras they should be forced to invest in the technology necessary to identify both the vehicle and the driver before issuing such a citation and if such a claim is made, the burden of proof should still be on the state to prove the driver’s guilt. Red light cameras should remain a useful tool to help convict dangerous drivers so long as the line is not crossed making them simply a taxing method to bypass citizen’s rights in order to raise revenues.

Later this month Michael Vick will appear in front of a Sussex County Judge and is expected to plead guilty to state charges of dog fighting. Vick, the former superstar NFL quarterback for the Atlanta Falcons has been serving his 23 month sentence on federal charges for dog fighting for which he is scheduled for release on July 23rd 2009. The Surrey County Commonwealths Attorney Gerald Poindexter recently said that Vick would be likely given the same deal he gave to his co-defendant Quanis Phillips–a three year suspended prison sentence and a fine of $2,500 so long as he remains in good behavior during the terms of his probation. It is likely that once Vick takes the deal his attorneys will attempt to move Vick to a half-way house for the remaining six months of his federal sentence so that he can prepare to transition back into society.

People deserve second chances especially those who have owned up to their mistakes. Vick has made it very clear that he will attempt to make an NFL comeback despite his two year suspension from the league. Although his former Falcons team and their owner have made it clear that it will not be with them, it’s inevitable that at least one team will give him a second chance if they have the opportunity. However, once released, the NFL will have the final say on his reinstatement and ultimately whether he is given his second chance in 2009.

On Friday a Nevada Judge denied O.J. Simpson’s defense counsel’s request for a new trial.

The former football star was found guilty in early October on all 12 charges, including conspiracy and assault with a deadly weapon during his gun point robbery of two sports memorabilia dealers in Las Vegas. Judge Jackie Glass said the issues raised by the lawyers for Simpson were insufficient grounds for a retrial as well as the defendants request for bail pending their sentencing. Simpson’s sentencing is set for December 5th where he faces a mandatory prison sentence up to life. Although Simpson was acquitted in the infamous murder of his wife and Ronald Goldman, he was found liable in the civil case that followed which ordered him to pay 33.5 million dollars. Simpson, however, has repeatedly said he will not pay the settlement. Following the most publicized trial of the century it’s hard to imagine an impartial jury even fourteen years later. Then again when you publicly get away with murder you probably shouldn’t hold people at gunpoint over a Heisman trophy.

Last Thursday a story broke involving 20-year old Ashley Todd who claimed that she was robbed at an ATM in Pittsburg. What made this story so intriguing was that she was an avid John McCain supporter/volunteer and that she alleged that the assailant recognized her John McCain bumper sticker and campaign button after which the man carved a “B” into her face with a knife before fleeing.

She described the robber as a 6-4 black male wearing a black shirt and dark jeans. When I first heard this story I felt very sorry for the poor woman who would be forced to deal with not only emotional scars from this traumatic event but also physical ones. Of course coming less than two weeks before a historic election and occurring in the “battleground” state of Pennsylvania, once the word broke the McCain camp and media jumped all over this story. In fact both Sen. John McCain and Gov. Sarah Palin even called the victim to offer their condolences.
Then Friday the truth came out. Following a lie detector test and many inconsistencies about the alleged incident, Ashley Todd confessed she made the whole thing up. “She just opened up and said she wanted to tell the truth,” Pittsburgh police Assistant Chief Maurita Bryant said. Minutes later, she told detectives, she was driving around and “came up with a plan” to manufacture a story about being attacked at a Bloomfield ATM by a black man who was enraged by her John McCain bumper sticker. It’s not yet clear whether Todd’s face was mutilated by her, or if she had somebody else do it. However, given that the “B” on her face is backwards it seems likely it was self-inflicted. She has been arrested and charged with filing a false police report.

This week the United States finally dismissed the chargers of five detainees being held at the naval base in Guantanamo, Cuba. The most well-known of the five men is Binyam Mohamed, a former British resident accused in the “dirty bomb” case. Culminating the problems faced by the Bush Administration involving the largely publicized base, systemic problems with the fairness of the military prosecutions led to the dropping of the charges. The moves appeared to be fresh indications of a long pattern of the administration’s making sharp changes in its legal strategy as it encounters resistance to its detention policies.

Although the dismissal of the charges might seem like a victory for the constitutional rights of those imprisoned at military bases such as Guantanamo, critics are not so quick to declare victory since these men have yet to be released. “Every time they get near a court they try and figure out a way to avoid court review or evade a decision that has come down,” said Michael Ratner, the president of the Center for Constitutional Rights, which has coordinated detainees’ cases.
Chief military prosecutor, Col. Lawrence J. Morris, portrayed the dismissals as unexceptional. Colonel Morris said he had asked for the dismissals so the files of the former prosecutor, Lt. Col. Darrel Vandeveld, could be reviewed. The real question in this case seems to be whether forcing the government to look at the evidence against each detainee will bring about any change at all. “We have plenty of evidence to convict all of them,” Colonel Morris said, which would indicate he would refile charges. In the wake of another election, one must wonder if even a change in administration will make a difference to the treatment of these individuals.

It was recently reported in Los Angeles that at least 7,000 sexual assault test kits were as of yet unopened. In at least 217 of those cases — nobody is sure of the precise number — the kits have been left to sit for so long that the 10-year statute of limitations has expired, so those assailants cannot be prosecuted. With statistics showing that repeat offenders are often likely, it seems like dropping the ball on this issue will allow hundreds of sexual predators to remain on the streets. “Every unopened rape kit means there may be a dangerous offender loose on the street,” said Gail Abarbanel who directs the Rape Treatment Center at Santa Monica UCLA Medical. “Three new victims came in here yesterday, and you have to wonder whether any of them would have been raped if all those kits had been opened.” Critics contend that the mayor of Los Angeles, as well as city council members is to blame for their failure to a lot funds to the issue. The failures come not only in the lack of money given to this issue by the city but also the LA Police Departments’ unwillingness to demand more. These are not simply issues of justice but of basic decency. Our social contract contains an implicit pledge that we will do what we can to keep one another safe and, when that’s impossible, to do what we must to make the injured whole. Hopefully the recent media attention will bring quick results to a situation in dire need of fixing. A similar problem occurred in the early 1990’s in New York City when they discovered over 17,000 kits untested. A quick response in funding and man power helped to solve the problem in the Big Apple in only three years. There seems to be no reason in my mind why the same type of response isn’t possible here.