Thursday, February 28, 2008
Rural California DA Joins Sex Sting Bandwagon
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Internet Sexual Predators and Their Victims
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Wednesday, February 27, 2008
Supremes Rules Convicted Child Sex Abuser May Challenge Conviction
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Tuesday, February 26, 2008
Child Porn: Feds Arrest Novato School Bus Driver In Courthouse
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Sunday, February 24, 2008
Marin's GI Jane DUI Case
The Marin County DA is taking GI Jane back to trial. Army reservist 'G.I. Jane' going back to court
Jane Parkhurst, the Army reservist who inspired the movie, G.I. Jane, ran her Hummer H2 off a West Marin highway and was arrested for a DUI in late 2006. The matter was tried and the jury deadlocked on one count while acquitted on the other.
In California, all DUIs are charged as two counts, one for driving while intoxicating and the other for driving with a BAC of .08% or over. In this case, the jury concluded it could not decide whether or not Ms. Parkhurst was driving drunk, but that she was not driving with an over-the-limit BAC.
The acquittal on the second count might be due to the fact that the jury believed Ms. Parkhurst claim that she did all her drinking after the accident, before being tested!
The Marin DA wants to re-try her on the first count only in that double jeopardy rules out a re-trial on the count for which she was acquitted.
Jane Parkhurst, the Army reservist who inspired the movie, G.I. Jane, ran her Hummer H2 off a West Marin highway and was arrested for a DUI in late 2006. The matter was tried and the jury deadlocked on one count while acquitted on the other.
In California, all DUIs are charged as two counts, one for driving while intoxicating and the other for driving with a BAC of .08% or over. In this case, the jury concluded it could not decide whether or not Ms. Parkhurst was driving drunk, but that she was not driving with an over-the-limit BAC.
The acquittal on the second count might be due to the fact that the jury believed Ms. Parkhurst claim that she did all her drinking after the accident, before being tested!
The Marin DA wants to re-try her on the first count only in that double jeopardy rules out a re-trial on the count for which she was acquitted.
Saturday, February 23, 2008
Drunk Driving: An Argument for Lowering Blood Alcohol Concentration (BAC)
The Center for Disease Control and Prevention, a part of the U.S. Department of Health and Human Services, has an interesting study on alcohol-related crash rates involving young drivers
As a criminal defense lawyer with an active DUI practice, I took particular note of the arguments in favor of:
* Lowering the minimum BAC to .05 from .08
* Prompt and longer suspensions of drivers’ licenses, a la the Scandinavian model
* Substantially increasing the number of alcohol check-points
If these arguments are as persuasive to state legislators as they were to me (and that may be the case), the DUI bar has nothing to worry with respect to getting enough business.
The evidence supports two conclusions: 1) the lower the legal BAC, the fewer deaths and injuries; 2) the more onerous the consequences, the fewer deaths and injuries.
Other items I found interesting:
* It is estimated that less than 1% of alcohol-impaired drivers are caught
* Roughly one in four traffic deaths is alcohol-related
* The driver is drunk in more than half of accidents involving deaths of child passengers age 14 or under (as opposed to the other driver)
* Men are twice as likely as women to have a BAC of .08% and higher when killed in an alcohol-related accident
* Young men between 18 and 20 do the most drunk driving per capita of any age group
But here is the big one, at least from my criminal law practice point of view:
- Drivers with BACs over .08% were NINE TIMES more likely to have a DUI on their record than the other non-drinking driver.
As I tell my first-time DUI clients, emphatically and dramatically, if they want to plea: “You have nothing to worry about with this one other than what is going to happen to you the next time. You have to think about what changes you are going to make so you will not get another DUI.”
Friday, February 22, 2008
Six Myths of Internet Sex Crimes
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Thursday, February 21, 2008
Novato Youth Arrested for Molestation of 3 Year-Old Girl
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Wednesday, February 20, 2008
Marin County Drug Case Dropped Due To Detectives' Sexual Advances
The Marin County DA has decided to drop drug charges against a 19 year-old student who complained about a sheriff’s deputy sexually harassing her. Marin Independent Journal: "Drug case dropped; deputy's action blamed"
The student, Sarah Rawlins, was charged with selling drugs to an undercover task force detective on several occasions. Subsequently, a detective, Tyrone Williams, told her if she “cooperated,” her case might get dismissed. She cooperated. Then Officer Williams started bringing her flowers and making sexual advances.
Only days after Ms. Rawlins’ defense attorney filed a motion citing Officer Williams' sexual advances, the DA dropped the case.
This case will prompt legal challenges from other Marin County defendants investigated by Williams. Under California law, the DA must provide defense attorneys with any unfavorable information and that includes personnel information that might cast doubt on a police officer’s credibility.
This is not the first time Marin’s County’s Major Crimes Task Force, a drug unit, has been involved with sex on the job. The last time, the accuser took away $300,000 in damages from the Sheriff’s office—following accusations of improper sexual advances.
The student, Sarah Rawlins, was charged with selling drugs to an undercover task force detective on several occasions. Subsequently, a detective, Tyrone Williams, told her if she “cooperated,” her case might get dismissed. She cooperated. Then Officer Williams started bringing her flowers and making sexual advances.
Only days after Ms. Rawlins’ defense attorney filed a motion citing Officer Williams' sexual advances, the DA dropped the case.
This case will prompt legal challenges from other Marin County defendants investigated by Williams. Under California law, the DA must provide defense attorneys with any unfavorable information and that includes personnel information that might cast doubt on a police officer’s credibility.
This is not the first time Marin’s County’s Major Crimes Task Force, a drug unit, has been involved with sex on the job. The last time, the accuser took away $300,000 in damages from the Sheriff’s office—following accusations of improper sexual advances.
Tuesday, February 19, 2008
Federal Child-Pornography Charges Following Internet Slave/Radio Talk Show Host/Former Catholic Priest Obeying Commands of Internet Dominatrix
Charges filed against radio talk show host Bernie Ward resulted from his obeying the dominatrix’ command to, “Send me some [pictures]; why haven’t I gotten any pics, slave?” Judge unseals indictment against Bernie Ward
In response, the popular talk show host promptly obeyed with a picture of a naked boy sitting between a topless woman and a clothed young girl. This picture prompted the dominatrix to contact the Oakdale, CA. police, telling them that the former priest had also emailed her messages about group sex at a San Mateo porn theater.
The Oakdale police contacted the FBI and a federal grand jury indicted Ward on two counts of possessing and distributing child pornography using the Internet.
Ward’s business attorney, Jeannette Boudreau, said, “The authorities have been in possession of these messages for three years. Bernie was only just indicted in December [2007]. There is no doubt in my mind that they would have allowed Bernie to conduct his family and work life as usual for all that time if they believed the content of the messages to be factual.”
This is just another illustration that you are completely, 100% exposing yourself to any possible claim on the Internet. Remember, when it comes to child porn and the Internet you do not have the same rights and privileges under the law as defendants do for other crimes.
In response, the popular talk show host promptly obeyed with a picture of a naked boy sitting between a topless woman and a clothed young girl. This picture prompted the dominatrix to contact the Oakdale, CA. police, telling them that the former priest had also emailed her messages about group sex at a San Mateo porn theater.
The Oakdale police contacted the FBI and a federal grand jury indicted Ward on two counts of possessing and distributing child pornography using the Internet.
Ward’s business attorney, Jeannette Boudreau, said, “The authorities have been in possession of these messages for three years. Bernie was only just indicted in December [2007]. There is no doubt in my mind that they would have allowed Bernie to conduct his family and work life as usual for all that time if they believed the content of the messages to be factual.”
This is just another illustration that you are completely, 100% exposing yourself to any possible claim on the Internet. Remember, when it comes to child porn and the Internet you do not have the same rights and privileges under the law as defendants do for other crimes.
Thursday, February 14, 2008
Sex Offenders Prohibited from Florida City Parks
I just learned of another over-the-top law affecting those deemed to be sexual predators, this time an ordinance approved on February 12, 2008 by the Fort Walton Beach, Florida, city council.
The ordinance makes it illegal for registered offenders to attend cultural affairs, recreation centers, and city parks within the city limits; they may no longer enter such facilities as the Indian Temple Museum or the Tennis Center.
This ordinance was written after a stricter law discussed in 2007 was deemed unenforceable by the police; it would have make it illegal to live within 2000 ft of “wherever children gather”—usually something of a moving target.
One city council member summed up the council’s attitude: “The other benefit of the public realizing these are predator-free areas is just as important as he predator not being there at all.”
My take on this?
Florida state law is more than sufficiently draconian already.
For just one reference to all the reasons such legislation is counter-productive (aside from being mean-spirited), see “No Easy Answers: Sex Offender Laws in the U.S.”—published by Human Rights Watch in September 2007. I refer you to the following language from that study:
“Laws aimed at people convicted of sex offenses may not protect children from sex crimes but do lead to harassment, ostracism and even violence against [them]; politicians didn’t do their homework before enacting these sex offender laws. Instead, they have perpetuated myths about sex offenders and failed to deal with the complex realities of sexual violence.”
The ordinance makes it illegal for registered offenders to attend cultural affairs, recreation centers, and city parks within the city limits; they may no longer enter such facilities as the Indian Temple Museum or the Tennis Center.
This ordinance was written after a stricter law discussed in 2007 was deemed unenforceable by the police; it would have make it illegal to live within 2000 ft of “wherever children gather”—usually something of a moving target.
One city council member summed up the council’s attitude: “The other benefit of the public realizing these are predator-free areas is just as important as he predator not being there at all.”
My take on this?
Florida state law is more than sufficiently draconian already.
For just one reference to all the reasons such legislation is counter-productive (aside from being mean-spirited), see “No Easy Answers: Sex Offender Laws in the U.S.”—published by Human Rights Watch in September 2007. I refer you to the following language from that study:
“Laws aimed at people convicted of sex offenses may not protect children from sex crimes but do lead to harassment, ostracism and even violence against [them]; politicians didn’t do their homework before enacting these sex offender laws. Instead, they have perpetuated myths about sex offenders and failed to deal with the complex realities of sexual violence.”
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