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Criminal Defense News 09/2008



Alleged baby-killer deemed not insane (Honolulu Star-Bulletin)
The insanity defense for the man accused of tossing a 23-month-old baby from an H-1 freeway overpass this year has suffered a setback.

Add this lawyer show to Steven Bochco's list of clunkers (The Toledo Blade)
Gee, who would have thought that so many criminal court proceedings are actually resolved at the bar? Not the kind of bar that involves courtrooms and bailiffs and judges, but rather the kind that serves martinis and Bloody Marys and two-for-one domestic drafts during Happy Hour. At least that's what the creators of TNT's new legal drama, Raising the Bar, would have viewers believe. The ...

CA reverses self, clears Gonzales scion in Delgado murder (Philippine Daily Inquirer)
MANILA, Philippines -- The Court of Appeals reverse itself and ruled that there is no probable cause to file criminal charges against Luisito Gonzales and his driver for the murder of businessman Francisco "Don Paco" Delgado last year.

CA reverses ruling, drops murder charges over Delgado scion slay (Manila Bulletin)
The Court of Appeals (CA) has reversed itself as it ordered the dismissal of the criminal charges filed by the Department of Justice (DoJ) against Luisito Gonzales, grandson of the late President Elpidio Quirino, for the March 10, 2007 death of his stepbrother, Federico Delgado, a son of businessman Don Francisco ‘Paco’ Delgado.

Raid's Outcome May Signal a Retreat In Immigration Strategy, Critics Say (Washington Post)
The federal government's handling of a massive immigration raid at a Mississippi manufacturing plant last week has led critics to suggest that the Bush administration is backpedaling from its aggressive use of criminal charges and fast-tracked trials against illegal immigrants caught at workplaces.

U.S. Republican platform calls for strong national defense (People's Daily)
In a platform issued on the opening day of its national convention, the Republican Party of the United States adopted a tough policy on almost all immigration issues which may alienate the party from those who favor a more balanced approach. "Border security is essential to national security. In an age of terrorism, drug cartels, and criminal gangs, allowing millions of unidentified persons to ...

Dr. Harry Kozol, 102, trial expert in Hearst case (Sun-Sentinel)
Dr. Harry L. Kozol, a nationally known neurologist who examined high-profile criminal defendants such as Patricia Hearst and whose work helped establish the emerging fields of forensic psychiatry and neuropsychiatry, has died. He was 102.

Harbor Springs couple sentenced on criminal sexual conduct charges (Petoskey News-Review)
An Emmet County couple was sentenced Friday, Aug. 29, in 57th Circuit Court after pleading no contest to fourth-degree criminal sexual conduct charges in June.

Nacchio: Witness excluded at trial was 'heart' of defense (Rocky Mountain News)
An expert witness excluded from testifying at former Qwest CEO Joe Nacchio's insider-trading trial last year represented the "heart" of his defense, his attorneys argue in a filing.

Strong Majority of Voters Disagree With Barack Obama on Second Amendment and Self Defense Issues (PR Newswire via Yahoo! Finance)
A strong majority of likely voters disagree with Democratic presidential candidate Barack Obama on firearms and self-defense related issues, according to a just-released ATI-News/Zogby poll.

Putin and the New World Order (cmi valparaíso)
Saakashvili is a war criminal who ordered the indiscriminate murder of our civilian populace, a crime warranting death anywhere, just ask ourselves. It's called mass murder.

Federal Judge Rules Government Can Scour All of Lawyer's Seized Computer Records (Law.com)
A federal judge has given prosecutors the go-ahead to review computer records seized from the office of a criminal defense lawyer, even if it means looking at files of clients who were not targets of the search. U.S. District Judge Robert Kugler says the procedure proposed by prosecutors for the review of the records provided adequate safeguards to protect other client files and privileged ...

Harbor Springs couple sentenced on criminal sexual conduct charges (Petoskey News-Review)
An Emmet County couple was sentenced Friday, Aug. 29, in 57th Circuit Court after pleading no contest to fourth-degree criminal sexual conduct charges in June.

Analysis: Gonzales' best defense is memory lapse (AP via Yahoo! News)
In the court of public opinion, former Attorney General Alberto Gonzales' best defense is memory failure. Again.

Analysis: Gonzales' best defense is memory lapse (The San Luis Obispo Tribune)
In the court of public opinion, former Attorney General Alberto Gonzales' best defense is memory failure. Again. Throughout congressional testimony and in responding to various investigations, Gonzales has said he can't remember key events or didn't know what was happening at the Justice Department under his watch. In perhaps the most memorable example, he ducked 71 questions from the Senate ...

Analysis: Gonzales' best defense is memory lapse (Lexington Herald-Leader)
In the court of public opinion, former Attorney General Alberto Gonzales' best defense is memory failure. Again. Throughout congressional testimony and in responding to various investigations, Gonzales has said he can't remember key events or didn't know what was happening at the Justice Department under his watch. In perhaps the most memorable example, he ducked 71 questions from the ...

Attorneys: Punch was self-defense (Northwest Herald)
WOODSTOCK – Attorneys for a man accused of delivering what proved to be a fatal punch outside a Crystal Lake bar last year are arguing that he acted in self-defense.

Analysis: Gonzales' best defense is memory lapse (Post-Bulletin)
WASHINGTON -- In the court of public opinion, former Attorney General Alberto Gonzales' best defense is memory failure. Again. Throughout congressional testimony and in responding to various investigations, Gonzales has said he can't remember key events or didn't know what was happening at the Justice Department under his watch.

Love-triangle slaying: Judge won't issue gag order (Knoxville News Sentinel)
A prosecutor sought this morning to silence the defense attorney in a deadly love triangle involving a student-teacher and a pupil. Knox County Assistant District Attorney General Bill Crabtree complained to Criminal Court Judge Mary Beth Leibowitz about an interview with attorney Bruce Poston that aired on local television stations Tuesday night and today. "It was totally inappropriate," ...

Analysis: Gonzales' best defense is memory lapse (Boston Herald)
WASHINGTON - In the court of public opinion, former U.S. Attorney General Alberto Gonzales' best defense is memory failure. Again. Throughout U.S. congressional testimony...

Miami judge rules poor defense caseload crushing (Sun-Sentinel)
A Miami judge has ruled that the local public defender's office cannot adequately represent all poor criminal defendants who can't afford their own lawyer.

Man With Long Record To Be Evaluated For Trial (The Tampa Tribune)
A man with a 33-year-long criminal record who talked in secretly recorded conversations about two slayings and other crimes may not be mentally competent to stand trial, his defense attorney says in a court filing.

Miami judge rules poor defense caseload crushing (Naples Daily News)
The public defender's office that represents Miami-Dade County's poorest criminal defendants is overburdened by a crushing caseload and will stop accepting thousands of lesser felony cases until the situation improves, a judge ruled Wednesday. Prosecutors vowed to appeal.

Attorneys: Punch was self-defense (Northwest Herald)
WOODSTOCK – Attorneys for a man accused of delivering what proved to be a fatal punch outside a Crystal Lake bar last year are arguing that he acted in self-defense.

Rwanda: Setako Defense Complains Over 'Irrelevant' Prosecution Witness (AllAfrica.com)
The defence of former Rwandan senior Army Officer, Lieutenant Colonel Ephrem Setako, Tuesday bitterly complained prosecution's fielding of a witness who gave testimony which had no link to their client before the International Criminal Tribunal for Rwanda (ICTR), trying key suspects of the 1994 genocide.

Deal reached in baby bathtub death (The Janesville Gazette)
The prosecution and defense have reached one plea agreement and are close to another in the criminal neglect cases prompted by the death of 14-month-old Israel Gordon.

Ex-'Laguna' star Jason Wahler's trial tabled for criminal-past appeal (Reality TV World)
Jason Wahler's past still seems to be stuck in the present. Daniel Wagner, the attorney representing plaintiff Dario Stevenson in a civil assault-and-battery trial involving Wahler, had been granted a suspension to appeal a recent court ruling by Los Angeles Superior Court Justice Elizabeth A. Grimes prohibiting the use of details regarding Wahler's criminal past in court, E! News reported ...

War crimes court's 1st case still on hold (USA Today)
A Congolese warlord's trial on charges of using child soldiers still cannot start because judges and the suspect are being given insufficient access to evidence that could acquit him, International Criminal Court judges said Thursday.

Judge: Teen's death self-defense (The Cincinnati Enquirer)
A Hamilton County Common Pleas judge determined a man who gunned down a 13-year-old Avondale boy two years ago acted in self defense.

Work of Kilpatrick's defense team questioned after deal (Detroit News)
DETROIT -- The sentence Kwame Kilpatrick will receive next month is close to what he might have gotten had he gone to trial and been convicted, according to experts and one of his former lawyers.

ANALYSIS: Gonzales' best defense is memory lapse (Journal Inquirer)
WASHINGTON — In the court of public opinion, former Attorney General Alberto Gonzales' best defense is memory failure. Again.

Defense attorneys argue that murder case not proven against two men accused in the shooting at a drug house in ... (The Press-Enterprise)
SAN BERNARDINO - Defense attorneys claimed Thursday that the prosecution failed to prove its case against two men charged in a fatal shooting at a Highland drug house in 2002.

Criminal-defense group again backs Nacchio (Denver Post)
The National Association of Criminal Defense Lawyers has once again come to the support of former Qwest chief executive Joe Nacchio, whose insider- trading conviction is being reviewed by the full 10th Circuit Court of Appeals.

Drug-deal shooting ruled self-defense (The Cincinnati Enquirer)
A Hamilton County Common Pleas judge determined a man who gunned down a 13-year-old Avondale boy two years ago acted in self-defense.

Attorneys: Punch was self-defense (Northwest Herald)
WOODSTOCK – Attorneys for a man accused of delivering what proved to be a fatal punch outside a Crystal Lake bar last year are arguing that he acted in self-defense.

Bond set in 1997 murder case (WXOW 19 La Crosse)
Associated Press - September 5, 2008 7:45 AM ET ELKHORN, Wis. (AP) - The defense attorney for a man accused of killing his wife in 1997 says a criminal complaint lacks sufficient evidence to...

Upstate NY woman admits pulling knife, shotgun from stroller, claims self-defense (Minneapolis-St. Paul Star Tribune)
UTICA, N.Y. - An upstate New York mom has pleaded guilty to packing more than diapers on her baby's stroller.

'Been there, done that' is career criminal's defense strategy (Waterloo-Cedar Falls Courier)
Police blotter Paul Baldwin, 48, was ordered held on $10,000 bail in Portsmouth, N.H., in May after his arrest for stealing a can of beer, which seems expensive except that it was Baldwin's 152nd arrest. When a judge asked if he wanted a lawyer appointed for him, Baldwin said, "I don't need a lawyer. I've been in this court more than you have."

Bond set in 1997 case of woman found dead in lake (Pioneer Press)
ELKHORN, Wis. — The defense attorney for a man accused of killing his wife in 1997 says a criminal complaint lacks sufficient evidence to link his client to the murder.

No such thing as 'deserved killing,' jury told (CNN.com)
KNOXVILLE, Tennessee (AP) -- A prosecutor described a schoolteacher's husband as a jealous, calculating killer as trial opened Friday on charges he murdered his wife's teenage lover. But a defense lawyer told the jury that the defendant was a victim himself of a spouse who flaunted her infidelity.

ANALYSIS: Gonzales' best defense is memory lapse (Journal Inquirer)
WASHINGTON — In the court of public opinion, former Attorney General Alberto Gonzales' best defense is memory failure. Again.

Man found guilty of criminal threat (The Morning Sun)
After a day-long jury trial Thursday, Brent Oehme was found guilty of two counts of criminal threat in the Crawford County District Court.

Indigent defense, caseload limits are focus of hearing (Las Vegas Review-Journal)
As Clark and Washoe counties explore the need for caseload limits for public defenders, Nevada officials and national groups are calling on the Legislature to fund indigent defense services across the state.

Attorneys: Punch was self-defense (Northwest Herald)
WOODSTOCK – Attorneys for a man accused of delivering what proved to be a fatal punch outside a Crystal Lake bar last year are arguing that he acted in self-defense.

Defense attorney group criticizes charges against S. Florida lawyer (Sun-Sentinel)
Trial of prominent lawyer would chill practice, group says The nation's principal organization of defense attorneys is backing a prominent South Florida lawyer against federal money laundering charges, calling the prosecution an assault on a defendant's right to counsel.

Broadcom billionaires take different legal paths (Orange County Register)
Samueli's and Nicholas' styles of dealing with criminal cases reflect contrasts in personalities and stakes of losing in court.

Prosecution, defense keep mum on Stockton's role (Erie Times-News)
Of the seven people connected to the Brian Wells case, three remain alive: Kenneth E. Barnes, Marjorie Diehl-Armstrong and Floyd A. Stockton Jr. Of those three, only Stockton will avoid criminal prosecution.

Attorneys: Punch was self-defense (Northwest Herald)
WOODSTOCK – Attorneys for a man accused of delivering what proved to be a fatal punch outside a Crystal Lake bar last year are arguing that he acted in self-defense.

Trial of ex-State Sen. Wayne Bryant set to start (Philly.com)
With more than 100 public officials convicted for corruption in the last seven years, New Jersey residents have gotten used to politicians passing through the criminal dockets.

Prosecutor becomes figure in mortgage mess (Reuters via Yahoo! News)
Thomas O'Brien, the U.S. Attorney for California's Central District, is emerging as a likely prosecutor in criminal cases expected from the U.S. mortgage meltdown.




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