Articles Posted in Articles of Interest

For over twenty years, I have prosecuted and defended thousands of DUI cases. Defending those charged with DUI (“drunk driving”) continues to make up a significant portion of my practice. Over the years, I have made some novel arguments in front of countless judges and juries. Recently I heard one that pales in comparison to any that I’ve made. This one has been correctly deemed controversial and novel. First, here are the facts.

A 7-year-old girl along with a limousine driver were killed after Martin Heidgen, who was drunk after a 10 hour drinking binge, drove his pickup truck down a NY parkway, causing the tragedy.

Taliyah Taylor was high on ecstasy when she got into a vehicle and sped 80 mph without her headlights on. Naked and impaired, Ms. Taylor then tragically slammed into a pedestrian, killing him instantly.

Ah, the “good ol’ days,” when bully’s used to torture and torment solely on street corners and in schoolyards. Bob Dylan was right, “Oh the times they are a changin’.” With the development of technology and increased use of social media, bullys can now do their dirty work anywhere and at any time. They can harass via emails, texts, Tweets, Facebook messages, etc. They can even do it anonymously. These “cyberbullys” leave their victims feeling hurt, angry, depressed, devastated, and even suicidal. They have become so effective at it that now, tragically, kids are dying as a result. Fortunately, law enforcement agencies around the U.S. are beginning to react to public outrage against cyberbullying. Kids are being held accountable for their conduct, even being arrested in certain instances.

The most recent high profile arrest of two Florida teens whose cyber bullying allegedly led to a 12 year old teen’s tragic suicide was met with little criticism. Public support for the teen’s arrest was fueled primarily by the release of just some of the hundreds of horrible messages sent by the teens over an eleven month period of alleged harassment. “Why don’t you go and kill yourself?’ and “You should die,” were just two of the messages that were sent to the deceased teen.

Prosecuting the teens for their behavior is one thing. Prosecuting their parents for their alleged criminal conduct is another. One of the hottest issues right now is whether parents should be stripped of their liberty and forced to face criminal charges for their children’s bullying. The answer is not so easy.

There are numerous differences between how criminal cases are handled in state court vs. federal court. One major difference is the arraignment. In state court here in Florida, judges don’t require defendants to appear. We file “pleadings” in advance of the hearing, announcing our appearance and entering a plea to the charges. We also typically demand all of the evidence pursuant to Rule 3.220. State prosecutors typically announce at the arraignment what charges, if any, they will be filing.

Federal arraignments are different. Judges require defendants to be present. At the arraignment, we announce four major things: 1) We waive formal reading of the indictictment. (That’s done almost always. Otherwise, the judge would have to read out loud the entire several page indictment); 2) We enter a “not guilty” plea. (That can always be changed at a later time to “guilty” if a plea agreement can be negotiated) 3) We demand trial by jury. (That doesn’t mean we will definitely be going to trial. It just preserves our client’s right to one); 4) We request that the judge sign the standard discovery order. (That will enable us to see available and discoverable evidence to prepare for trial and/or to work out a plea agreement)

Almost always, we enter a “not guilty” plea on our client’s behalf, regardless of whether it’s in state or federal court. “Not guilty” doesn’t mean our client is innocent. It also doesn’t mean that we won’t later advise the client to change his plea and avoid going to trial. In more than 90% of cases, prosecutors offer plea bargains that are typically too good to pass up. Additionally, most defendants are fearful about going to trial.

Abigail Hernandez, 15, has been missing since last week. The NH teen was said to have used her cell phone hours after the disappearance, just a few miles from her home. She was last seen leaving Kennett High School on Wednesday afternoon at around 2:30 p.m.

Local, state and federal authorities, including the FBI’s Child Abduction Rapid Deployment Team, are involved in the search. Her mother reached out to her daughter through the media and pled that Abigail return home, “Abby, please come home…We love you. We miss you.”
Earlier in the investigation, it was said that there was no evidence of an abduction and they did not suspect foul play. So far, authorities have received tips from Massachusetts, Connecticut and Texas.

Hannah Anderson, the California teen who was kidnapped then found after a 2 month nationwide manhunt, speaks of new details about the kidnapper. Anderson had been kidnapped after her mother and brother were killed by the kidnapper.

The kidnapper, James DiMaggio, was a family friend. He had just picked her up from cheerleading practice and took her to his home. Anderson said DiMaggio sat her down on a couch, handcuffed her, zip-tied her feet and told her about his plan to kidnap her. DiMaggio encouraged her to play Russian roulette with him, with the use of a real gun. She would cry when it was her turn and tell him that she didn’t want to play.

Once they arrived in Idaho, DiMaggio told her that her mother, Christina Anderson, 42, and her brother Ethan, 8, were elsewhere in the house, alive but that they would soon die. Authorities later found the remains of Christina Anderson in the burned garage and Ethan’s body in another part of the home.

25-year-old day care worker, Heather Koon, is being accused of raping two of the children she care for. Koon was arrested Friday at her home and charged with two counts of rape, the Lorain County Sheriff’s Office announced in a statement.

Koon was a full-time employee of ABC Kidz Childcare in Elyria from August 2012 to March. ABC Kidz Childcare’s attorney claims authorities inadvertently learned of the alleged rapes late last week when they went to check on a registered sex offender and found an unregistered laptop; Koon is said to be the sex offender’s girlfriend. Additionally, the attorney said the day care’s administrator called the parents of the two alleged victims on Friday to notify them.

The day care is said to be fully cooperating with the investigation and that Koon passed both state and federal background checks prior to her employment. Attempts have been made to speak with Koon, the sex offender and to family members of both individuals, however, the attempts were unsuccessful.

An appellate court on Thursday ordered a new trial for a Florida woman who was sentenced to 20 years in prison for firing a gun to scare off her allegedly abusive husband. The Appellate court ruled that the jury was improperly instructed on self-defense.

A jury convicted 31-year-old Marissa Alexander of aggravated assault in March 2012 after just 12 minutes of deliberation. Now, the Florida woman will now have a new trial because of those improper jury instruction. The jury was wrongly told that, for her to claim self-defense, she needed to prove beyond a reasonable doubt that her husband was about to seriously harm her. However, the appellate court pointed out that the prosecution had the burden to prove that Alexander herself was guilty of aggravated assault. “Because the jury instructions on self-defense were fundamental error, we reverse” the conviction, a three-judge appellate panel said.

During her first trial, Alexander claimed self-defense, saying she was attempting to flee her husband, Rico Gray, on August 1, 2010, when she picked up a handgun and fired a shot into a wall. She said her husband was angry and tried to strangle her because he had read cell phone text messages that she had written to her ex-husband.

Geoffrey Portway, a man residing in Boston, was planning to kidnap children, lock them in a basement, rape and eat them Authorities say this week in court documents that he should be imprisoned for at least 27 years.

Portway pleaded guilty in May to distribution and possession of child pornography and solicitation to commit a violent crime.

When his home in Worcester was searched last year, authorities found tens of thousands of computer images and videos of child pornography and 4,500 exchanges of child pornography between Portway and online chatters. The images included children being cooked and prepared to be eaten, court documents said.

Abraham Pearson, a detroit inmate, stabbed an officer and escaped from jail wearing the officer’s uniform. Pearson, was seen walking in a Detroit neighborhood Monday night and he was eventually captured. Authorities say Pearson attacked a deputy with a sharpened comb in the presence of two other inmates inside of a holding cell. He then handcuffed a Deputy, and fled, also taking the officer’s cell phone and radio, the Wayne County Sheriff’s Office said.

Pearson escaped from the back of the building, carjacked a citizen and drove away in the person’s Dodge minivan. The minivan was eventually recovered and the officer’s uniform was found under a vehicle.

Two inmates, who watched the altercation between Pearson and the Deputy take place, did not leave or intervene.

17 year-old Galileo Mondol pleaded not guilty Tuesday, to allegedly raping a fellow student at a summer sports camp in Massechusetts. Mondol, is one of three junior varsity soccer players who authorities allege assaulted three victims in a cabin at the summer camp.

At Tuesday’s hearing, prosecutors allege the three went into the cabin searching for victims, assaulting them with a broomstick. It has been alleged that Mondol was an innocent bystander and tried to stop the other students from getting involved.

Mondol is being tried as an adult and faces charges including aggravated rape of a child under 16, indecent assault and battery on a person who has turned 14, and assault and battery and intimidation of a witness.