Articles Posted in Breaking News

There’s been an extraordinary amount of outrage over a sentence recently handed down in a DUI Manslaughter case. 16-year-old Ethan Couch admitted killing four people while driving drunk. He killed four pedestrians while going 70 miles per hour in a 40 zone. Nine bystanders were injured and one of his passengers is still in the hospital with severe brain damage.

Couch’s blood alcohol content was a .24, which is three times the legal limit. He also had Valium in his system. It is unlawful for a minor to drive with any amount of alcohol in his or her system.

At sentencing, his attorney came up with such a novel argument, that even he was probably stunned that it worked. The defense argued to the judge that the convicted drunk driving teen was a victim. He was a “victim of wealth.” To support their position, the defense called Psychologist G. Dick Miller to testify that the teen suffered from the affliction “affluenza.” He explained that it’s a condition in which “his family felt that wealth bought privilege and there was no rational link between behavior and consequences.” Miller further shared with the court that Couch’s parents never punished him for behavior, even when police discovered the teen passed out in a vehicle with a naked 14-year-old girl (in a separate, unrelated incident).

Just days after George Zimmerman’s latest arrest, I wrote in my November 19, 2013 blog posting, that he will “probably” be acquitted. (see: https://www.floridacriminaldefenselawyerblog.com/2013/11/george_zimmerman_will_probably.html) I wrote that almost all the evidence that prosecutors had to prove that the aggravated assault and other accompanying crimes were committed would have to come from the lips of the alleged victim. I opined that based upon what Zimmerman was telling the world took place, which differed from what she was alleging, prosecutors wouldn’t have enough to carry their burden, which is proof beyond and to the exclusion of every reasonable doubt.

With the latest development in the case, I feel confident substituting “probably” for “definitely.” I am certain that Zimmerman will “definitely” avoid conviction on the current charges.

The latest development is that the alleged victim, Zimmerman’s girlfriend Samantha Scheibe, claims that he is innocent and wants to get back together with him. While she initially called police to claim passionately that he was breaking her belongings and that he had pointed a gun at her in a threatening manner, she now claims that she was “misinterpreted by police.” She further claims in an affidavit submitted to the court requesting that Zimmerman’s bond conditions be altered to permit contact between the two, that when she was being questioned by the police, she “felt very intimidated” and that she may have “misspoken about certain facts” in her statement to police. She now specifically swears that Zimmerman “never pointed a gun at or toward my face in a threatening manner” and that “I want to be with George.”

I disagree with you Geraldo (Rivera). He tweeted this morning, “Hard to believe star quarterback Jameis Winston would not have been indicted for rape if he wasn’t leading FSU to a national championship.” That’s just not the case. I have no doubt that the reasons provided by prosecutors are the actual reasons Winston wasn’t charged. Whether the accused was a star athlete or simply John Q. Public who disinfects bowling shoes, I am confident that the announcement would have been the same. The evidence, the conflicts in the evidence, and lack of evidence supports their conclusions as to why they couldn’t file charges.

After an extensive investigation, prosecutor Willie Meggs announced, amongst other things, “We have a duty as prosecutors to only file charges if we have a reasonable likelihood of a conviction,” He further added, “We did not feel we could meet that burden.” He went on to say that law enforcement didn’t even have the requisite probable cause to arrest Winston, which is a much lower standard of proof required by prosecutors to prove the case in court. (“Beyond and to the exclusion of every reasonable doubt”)

During my over two decades in the criminal arena as both a prosecutor and criminal defense attorney, I’ve seen numerous cases where I question prosecutors’ conclusions after their investigations. This case is not one of them. The proof just wasn’t there.

When deciding whether an arrestee is guilty of a crime, the public typically will ask, “Well, what’s the evidence?” When they hear that the chemist made a determination about something, they believe that they can rely upon it. Why would someone in the scientific community like a chemist and/or toxicologist lie and/or manufacture evidence? Well, ask Annie Dookhan.

Annie Dookhan, a former Massachusetts state chemist, was just sentenced to three to five years in prison after entering guilty pleas to 27 criminal charges, including, tampering with evidence, obstruction of justice and perjury. She was involved in an extensive scheme to defraud over nine years which included lying about the presence of drugs in test samples. A review of her work revealed that she falsified tests, lied about her academic credentials while testifying at trials, and forged initials of an evidence officer to conceal her misconduct.

While the state believes that approximately 40,000 cases may have been compromised by this woman, the ACLU believes the number is much higher. The lab in which Dookhan worked handled more than 100,000 cases while she was employed there.

By now, you’ve probably heard that George Zimmerman was re-arrested. This time, he’s charged with felony aggravated assault and two misdemeanors, domestic violence battery and criminal mischief. The arrest occurred this Monday, approximately 1:30 p.m. in Apopka, Florida.

Zimmerman’s girlfriend alleges, as memorialized in the arrest report, that he pointed his shotgun at her “for one minute.” Additionally, she alleges that just before committing the aggravated assault, he broke her table using the butt of his shot gun. (hence, the criminal mischief charge) The basis for the domestic violence battery charge stems from her allegation that he pushed her.

The alleged victim’s 911 call seems to corroborate what she is alleging. Zimmerman also called 911, however, had a different version as to what took place. He alleges that his girlfriend was, “for lack of a better term, going crazy on me.” He further explained to the 911 operator that she was throwing all his property out. Zimmerman further claimed that while he did have a firearm with him, he never pulled it out, keeping it locked safely in his bag. Regarding the busted table, Zimmerman alleges that his girlfriend did it.

Many may not be surprised to learn of this one. Just hours ago, George Zimmerman was re-arrested and charged with a “domestic violence related offense.” Seminole County Sheriff’s Office deputies arrested Zimmerman in Central Florida after receiving a call concerning a “disturbance.”

At the time of writing this blog entry, no other details were released by law enforcement. He will be booked at the jail and will not be able to post the bond until first seeing a judge, who, by law, will order him to have no contact with the alleged victim.

TMZ is reporting that the alleged victim is Zimmerman’s girlfriend. They also are reporting that she is alleging that she is pregnant.

NO! No, the “War on Drugs” seems to continue to be a priority of our government. Yesterday morning, for example, the U.S. Coast Guard offloaded approximately 2,800 pounds of cocaine at Port Everglades. The estimated wholesale value of the seized contraband was $40 million. They seized the cocaine during two separate encounters, November 2nd and 6th, both in the central Caribbean.

The Coast Guard called their effort “Operation Martillo (Hammer) patrols.” They claim it’s part of their effort to interrupt the shipment of cocaine into U.S. via Central American coastal routes.

After reading about this latest bust, I had several thoughts. The first one was, “Wow, that’s a lot of coke!” My second thought was, “I guess the ‘War on Drugs’ ain’t over.” What that means to me is that many of my future clients will continue to be subjected to Draconian minimum mandatory penalties for drug possession crimes. I’m not speaking about the guys responsible for attempting to bring in 2,800 worth of cocaine into our country. I’m talking about the guys and gals who most likely will be prosecuted for drug offenses. Typically, that means the addict who purchased a bit extra and now faces a fifteen year minimum mandatory prison sentence.

The year was 2001. A Missouri teenager, who we’ll call Ryan, along with his buddy Chuck, chose to rob and then brutally murder a man. The victim was a well respected newspaper sports editor. Both teens were arrested. In 2005, Ryan went to trial. Chuck was the primary witness against Ryan, detailing how the two committed the crime together. Also, there was fingerprint evidence, eyewitness testimony and bloody footprints, all found at the scene of the crime. Ryan was convicted and sentenced to 40 years in prison. I’m sure you’re thinking, “Good, that’s what he deserves for the abhorrent premeditated criminal acts.”

Wait, hold the judgment and condemnation. There’s just a few minor problems with this open and shut “hypothetical” case that I’ve laid out for you. All the physical evidence left at the scene didn’t match Ryan. Also, Chuck struggled with critical details about the crime when questioned by police and then later recanted his trial testimony. The eyewitness who claimed that Ryan was at the scene of the murder, also later recanted.

Unfortunately, the “hypothetical” is an actual case. Ryan Ferguson spent ten years in prison for a crime that he did not commit. In spite of Chuck and the sole eyewitness admitting they lied when they testified against Ryan, it still took years and extraordinary work by dedicated appellate attorneys who finally secured Ryan’s freedom. The appeals court overturned Ryan’s conviction based on prosecutors’ withholding of evidence that should have been turned over to his defense attorneys during his trial. A newly appointed special prosecutor has decided not to retry Ryan.

Manti Te’o is thrilled. Finally, a more bizarre story coming out of football than a Notre Dame star falling in love with a woman on the internet who he never met, who turned out to be a dude. I’m talking about the Richie Incognito-Jonathan Martin controversy.

Suspended Miami Dolphins offensive lineman Richie Incognito now claims that his teammate Jonathan Martin actually sent him threatening text messages a week before the scandal broke. In fact, Incognito claims the two beefy lineman sent each other more than 1000 text messages. Some find many of the messages offensive. Incognito passionately claims that they were sent out of love. Even when Martin threatened to murder Icognito’s family, he claims, Martin was just joking, and filled with love.

Here’s what Martin is saying…nothing. His lawyer is doing a lot of talking, alleging a lot of things. We haven’t heard Martin utter one word.

Let’s say you were arrested and accused of murdering your spouse. In spite of your innocence, cops are hell bent on stripping you of your liberty. Worse, an overzealous prosecutor seems determined to see you rot in prison for life. He even does the unthinkable. He intentionally hides evidence of your innocence, ensuring an unfair trial. You’re convicted and sentenced to life. During your brutal incarceration, the prosecutor’s career flourishes, even becoming a well respected judge. After 25 years in prison, it is finally revealed that the prosecutor, now a judge, never disclosed that the only eye-witnesses of the crime said that you weren’t the culprit. Fortunately, you’re finally free from prison. What should happen to the prosecutor?

Unfortunately, most of the hypothetical provided above was real. That all did happen to Michael Morton, who really did serve 25 years for murdering his wife, in spite of his innocence. Thanks to former Texas prosecutor and judge Ken Anderson, more than two and a half decades of Morton’s freedom was taken from him.

In light of the evidence against him, Anderson pled guilty to criminal contempt. His sentence? Well, for starters, he had to give up his law license. He also has to perform 500 hours of community service. What about prison time? How much did he get? What amount of time do you believe is sufficient punishment for Morton’s “rotting away” in prison unnecessarily for twenty-five years? The answer in a moment.