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Criminal Defense News 03/2009



Suspect Claims Self-Defense in Beating Death in Brooklyn (New York Times)
A man accused in the fatal beating of an Ecuadorean immigrant in December said that he thought the immigrant was reaching for a weapon in his waistband, the suspect?s lawyer said on Saturday.

Explaining American law to Chinese immigrants (Los Angeles Times)
Deng has become a high-profile advocate in the local community through his radio show and books and newspaper columns on immigrant rights and navigating the legal system. The gig : One of the most recognizable attorneys in Southern California's ethnic Chinese community, Daniel Deng specializes in criminal defense and runs a law office in Rosemead with four partners, handling about 300 cases a ...

Defense seeks gag order in game room murder, says too many people read newspaper (Herald-Banner)
GREENVILLE — The defense attorney for Jerry Lynn Phelps, charged with capital murder in connection with the shooting death of the owner of a game room, are seeking to limit pretrial publicity in the case.

Pursuing justice in cases of sexual assault (Lawrence Journal-World)
The criminal justice system can be cruel to those victimized by sexual assault. Victims are required to revisit what are oftentimes the most traumatic moments of their life by describing their assault to police, prosecutors, defense attorneys and sometimes to a jury of strangers.

Sterling to testify as defense opens its case (The Greenville News)
LEXINGTON -- Jack Sterling may testify as early as this week in his own defense to "clear his good name" as his legal team prepares to open its case Monday after three weeks of prosecution testimony.

Mistrial points to need for uniform criminal ID (Las Cruces Sun-News)
The mistrial declared last week in the case of a man accused of impersonating a border patrol agent ought to lead local law enforcement officials to reconsider their opposition to a bill now in the state Legislature that would standardize criminal identification procedures in New Mexico.

FdL man gets 15 years for 26 criminal counts (Fond du Lac Reporter)
A Fond du Lac man has been sentenced to 15 years in prison for 26 criminal counts ranging from burglaries to entries into locked vehicles.

Mistrial points to need for uniform criminal ID (Las Cruces Sun-News)
The mistrial declared last week in the case of a man accused of impersonating a border patrol agent ought to lead local law enforcement officials to reconsider their opposition to a bill now in the state Legislature that would standardize criminal identification procedures in New Mexico.

Defense Alleges False Confession In Waseca Murders (WCCO Minneapolis - St. Paul)
The attorney for the man being prosecuting for murdering a Waseca father and son wants to call an expert on false confessions by accused criminals.

Defense alleges false confession in Waseca murders (KARE 11 Minneapolis-St. Paul)
The attorney for the man being prosecuting for murdering a Waseca father and son wants to call an expert on false confessions

Attorney removed from trial over conflict of interest (Baltimore Sun)
Lawyer representing suspect also representing witness A Baltimore judge has removed a veteran defense attorney from a high-profile murder case after learning that he was representing the suspect as well as a witness in related criminal and civil matters.

Middlemist convicted of Class A felony; defense to ask for new trial (Buffalo Reflex)
Vicki L. Middlemist, Buffalo, was convicted Friday in Dallas County Circuit Court of appropriating cash of a value of at least $25,000, a Class A felony, from Oct. 1, 2005 through June 22, 2007 from JLD Tech Services, Inc., Buffalo, locally known as PIP Internet.

Defense maintains doubt (Daily Pilot)
When considering circumstantial evidence, jurors are instructed to look at the situation as a whole and use their common sense.

Defense stresses reform (Daily Pilot)
In the years before his arrest for killing a Newport Beach couple in 2004, John F. Kennedy inspired a woman to become closer to God, cared for his nieces and nephews after their mother was killed, and steered his daughter away from gangs and into college, witnesses testified during his trial Tuesday.

Defense alleges false confession in Waseca murders (Pioneer Press)
ROCHESTER — Attorneys for Michael Zabawa want to argue that despite his confessions to police, he didn't kill two people in a Waseca farmhouse in February 2007.

DA Lykos Announces New Discovery Agreement (The Champions Sun)
From Sun Staff Reports Harris County District Attorney Patricia Lykos on Monday announced the implementation of a new discovery agreement that will ensure transparency and fairness in the administration of justice. The agreement provides for the distribution of police offense reports to criminal defense lawyers. This initiative will change the longstanding practice of lawyers being permitted ...

Harris DA to share police reports with defense lawyers (Houston Chronicle)
Criminal defense lawyers often complain about the hours spent taking notes from a document provided readily to Harris County prosecutors.

Lawyer: Client killed restaurant owner Jose Vazquez in self-defense (New Orleans Times-Picayune)
Tyrone Wells killed Jose Vazquez Jr. in 2003 with a knife but only in self-defense, Wells' lead attorney said Monday during the final jury selection for a trial in which prosecutors are seeking the death penalty.

James Wooley joins Jones Day in corporate criminal investigations unit (The Cleveland Plain Dealer)
Wooley said he was enticed to make the lateral move by the prospect of working for a 2,500-attorney global law firm in a growing practice involving high stakes corporate work.

Defense lawyer accuses prosecutors of ``misconduct'' An attorney for... (Miami Herald)
Defense lawyer accuses prosecutors of ``misconduct'' An attorney for a Miami Beach doctor charged with peddling prescription drugs has accused federal prosecutors of ''misconduct,'' arguing the charges should be thrown out because the government authorized witnesses to record phone calls -- but didn't tell the defense lawyer before trial.

Defense in South Florida physician's trial claims prosecutor misconduct (Sun-Sentinel)
The drug trafficking trial of a South Florida physician got under way last month with prosecutors accusing Dr. Ali Shaygan of acting as a drug dealer out for profit, not a doctor caring for patients.

Liner Brings Veteran Criminal Defense Partner Philip Cohen to Its Los Angeles Office (GlobeNewswire via Yahoo! Finance)
LOS ANGELES, March 2, 2009 -- Criminal trial attorney Philip Kent Cohen has joined the firm of Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP as a partner in its Los Angeles office.

Mistrial points to need for uniform criminal ID (Silver City Sun-News)
The mistrial declared last week in the case of a man accused of impersonating a border patrol agent ought to lead local law enforcement officials to reconsider their opposition to a bill now in the state Legislature that would standardize criminal identification procedures in New Mexico.

Criminal Court (The Pottsville Republican & Herald)
A Pottsville man will spend two years on probation as a result of two thefts in Saint Clair after being sentenced Thursday in Schuylkill County Court.

DA Lykos Announces New Discovery Agreement (Klein Sun)
From Sun Staff Reports Harris County District Attorney Patricia Lykos on Monday announced the implementation of a new discovery agreement that will ensure transparency and fairness in the administration of justice. The agreement provides for the distribution of police offense reports to criminal defense lawyers. This initiative will change the longstanding practice of lawyers being permitted ...

Defense maintains doubt (Daily Pilot)
When considering circumstantial evidence, jurors are instructed to look at the situation as a whole and use their common sense.

Defense stresses reform (Daily Pilot)
In the years before his arrest for killing a Newport Beach couple in 2004, John F. Kennedy inspired a woman to become closer to God, cared for his nieces and nephews after their mother was killed, and steered his daughter away from gangs and into college, witnesses testified during his trial Tuesday.

Defense in murder case want Web comments tamed (Boston Herald)
KNOXVILLE, Tenn. - A judge overseeing the death-penalty trials of four defendants in the torture-slaying of a young Knoxville couple was asked to tame inflammatory public...

Defense: Jose Vazquez Jr. tried to kill Wells with gun and knife (New Orleans Times-Picayune)
Tryone Wells will take the witness stand this week to tell an Orleans Parish jury what really happened the morning of July 11, 2003, when police arrived at a Gentilly restaurant to find Wells bloody and nearly unconscious and the restaurant's owner, Jose Vazquez, Jr., dead on the floor, a defense lawyer said Tuesday.

Lawyer: Ex-deputy's horseplay doesn't merit charge (Pioneer Press)
The defense attorney for a resigned Ozaukee County deputy says his client was stunned that an apparent act of horseplay has resulted in criminal charges.

Lawyer: Former Ozaukee County deputys horseplay doesnt merit charge (The Appleton Post-Crescent)
PORT WASHINGTON, Wis. The defense attorney for a resigned Ozaukee County deputy says his client was stunned that an apparent act of horseplay has resulted in criminal charges.

Accused killer's defense points to pills (Memphis Commercial Appeal)
Prince Adams does not deny that he stabbed his girlfriend to death on Easter weekend 2006, but the sleep aid Ambien and other pills he was taking make it something less than first-degree murder, his defense attorney says.

NEW FROM THE W.R. GRACE TRIAL: EPA official continues testifying against company Posted on March 3 (Missoulian)
Defense lawyers in the criminal trial of W.R. Grace & Co. continued cross-examining the U.S. Environmental Protection Agency’s on-scene coordinator in Libby on Tuesday morning, quizzing the official about his earlier testimony that company officials gave false and misleading statements during the initial phases of cleanup.

Lawyer: Ex-Deputy's Horseplay Doesn't Merit Charge (WISC-TV Madison)
PORT WASHINGTON, Wis. -- The defense attorney for a resigned Ozaukee County deputy said his client was stunned that an apparent act of horseplay has resulted in criminal charges.

UPDATE: Lawyer arrested at courthouse on 17 drug, laundering, theft charges (The Tennessean)
A Nashville criminal defense attorney was arrested Tuesday afternoon at the courthouse on a sealed indictment for felony drug offenses, according to Metro police.

Nashville Defense Attorney Arrested On Drug Charges (News Channel 5 Nashville)
Police have arrested a Nashville criminal defense attorney at the state courthouse on felony drug charges.

Nashville defense lawyer faces drug charges (The Tennessean)
A Nashville criminal defense attorney was arrested Tuesday at the courthouse on a sealed indictment for felony drug offenses, according to Metro police.

Defense Argues Sen. Vincent Fumo Had No Criminal Intent (KYW News Radio 1060)
The attorney for former Pennsylvania state Senator Vincent Fumo has mocked and attacked the prosecution and its evidence, arguing some witnesses are lying. 

Fumo defense sums up: "Who is injured here?" (The Philadelphia Inquirer)
Former State Sen. Vincent J. Fumo's lead defense attorney ripped into the prosecution's case and legal theory yesterday, telling a jury that Fumo had been charged with victimless crimes.

HPD offering training in concealed carry, women's self defense (The Hamilton Journal News)
HAMILTON — The Hamilton Police Department announced today, March 3, that training will be offered this month in women's self defense and carrying a concealed weapon.

Defense rests in Sterling's HomeGold trial (The State)
The defense rested in Jack Sterlings criminal trial today, with the former HomeGold chairman mainta

Utah Senate passes changes to Utah incest law (ABC 4 Salt Lake City)
SALT LAKE CITY (AP) - The Utah Senate has passed a bill to expand the definition of incest and eliminate artificial insemination as a possible criminal defense.

Defense attorney asks for new trial in Bradley case (Plumas County News)
Before Willard Bradley’s sentencing Wednesday, Feb. 18, defense attorney James Reichle argued motions for a new trial.

Man said he gave Cuadra $70K (Times Leader)
WILKES-BARRE – Mouths opened and eyes widened among a few jurors on Wednesday when a customer of Harlow Cuadra’s male escort business in Virginia testified he gave Cuadra $70,000 to help pay for his defense on criminal homicide charges.

Criminal Defense Attorney in Chicago Robert J Callahan Gets Felony Drug Charge Dismissed (PRWeb via Yahoo! News)
Dealing with criminal law requires a lot of experience. Robert J Callahan, a leading criminal defense lawyer based in Chicago, is making a difference. He uses experienced investigators and his knowledge of the law to provide defense with excellent results for the accused. Recent victories include dismissed and not guilty verdicts in several felony cases in Chicago.

NJ-defense-lawyer.com Announces New Website Launch (PRWeb via Yahoo! News)
NJ-Defense-Lawyer.com announces its recent launch in helping clients find the right New Jersey attorney to help fight their case. At NJ Defense Lawyer.com you can submit your information and receive a free case consultation in order to fully understand a client's situation.

Bill would allow checkpoints in Texas (News 8 Austin)
Civil libertarians and criminal defense attorneys say sobriety checkpoints are ineffective, promote racial profiling and treat innocent people like criminals.

Judge in RICO trial rejects defense request for jury instruction (The Wichita Eagle)
A defense attorney representing one of six men charged with running organized crime through a street gang asked a federal judge this morning to tell the jury that none of the evidence supports the charges.

Beheading ruled not a criminal act (UPI)
WINNIPEG, Manitoba, March 5 (UPI) -- A judge in Winnipeg, Manitoba, ruled Thursday Vincent Li was not criminally responsible for beheading a fellow Greyhound bus passenger last year.

Beheading ruled not a criminal act (Moldova.org)
A judge in Winnipeg, Manitoba, ruled Thursday Vincent Li was not criminally responsible for beheading a fellow Greyhound bus passenger last year.Li, 40, pleaded innocent Tuesday to second degree murder in the machete stabbing, beheading and mutilation death of 22-year-old Timothy McLean on a Winnipeg-bound bus last July.Wednesday, both defense and prosecution lawyers agreed on psychiatric ...




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