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Criminal Defense News 04/2009



MILITARY: Self-defense asserted in Fallujah killing (North County Times)
CAMP PENDLETON ---- A Marine charged with slaying an unarmed prisoner during the opening hours of a brutal fight in 2004 for the Iraqi city of Fallujah killed the man in self-defense, his attorney said Tuesday.

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.

Arrest made in Stockwell home invasion (Grove Sun Daily)
MIAMI – A Missouri man accused of robbing the home of an Oklahoma criminal defense attorney is in a Kansas City jail on $750,000 bail, District Attorney Eddie Wyant said Monday.

U.S. Moves to Drop Case Against Ex-Senator Stevens (Bloomberg via Yahoo! News)
April 1 (Bloomberg) -- The U.S. Justice Department asked a federal judge to set aside the political corruption conviction of former Alaska Senator Ted Stevens, saying prosecutors withheld information from defense lawyers during the trial.

Bias Claim In Child Porn Case Is Rejected (Washington Post)
A judge ruled last week that Loudoun County Commonwealth's Attorney James E. Plowman has not displayed bias in his prosecution of a high school administrator charged with possession of child pornography, rejecting a defense motion to have Plowman removed from the case.

Defense: Ky. lawyers charged with bilking diet-drug case clients were following expert advice (Minneapolis-St. Paul Star Tribune)
FRANKFORT, Ky. - Two disbarred lawyers accused of scamming their clients out of millions of dollars in a diet-drug settlement were simply following the advice of a nationally known class-action expert, their attorney told jurors at their second trial Wednesday.

Hamilton County: Steele’s defense seeks dismissal of ouster case (Chattanooga Times Free Press)
East Ridge politics underwent a second day of scrutiny Wednesday as residents and city employees testified in Hamilton County Criminal Court in the ouster trial of Mayor Mike Steele.

County receives report on indigent defense (Herald-Banner)
Hunt County officials have received the preliminary report of a feasibility study conducted by the Texas Task Force on Indigent Defense regarding alternative forms of indigent defense in the county.

Top prosecutor of Stevens was criticized in S.A. case (San Antonio Express-News)
A Justice Department prosecutor at the center of the tossed-out corruption conviction of former Alaska Sen. Ted Stevens led the failed prosecution of a San Antonio criminal defense attorney that wound up costing taxpayers at least $1.34 million.

IG's Report Highlights 'Material Weaknesses,' Financial Mismanagement at the Pentagon (Washington Post)
Most critiques of the Defense Department's spending focus on macroeconomic issues that are so large, readers can only groan and move on.

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.

Another member of Kyrgyz opposition faces criminal charges (Interfax)
BISHKEK. April 2 (Interfax) - The Kyrgyz Financial Police are investigating a criminal case against member of the opposition Social Democratic Party and parliamentarian Isa Omurkulov. The Prosecutor General's Office opened the criminal case.

Professor and National Security Expert William Tafoya Named Fellow for Foundation for the Defense of Democracies (dBusinessNews.com)
West Haven, Conn., April 1, 2009—University of New Haven (UNH) Professor and Director of the UNH National Security Program and UNH Forensic Computer Investigation Program, William Tafoya Ph.D., has been selected to serve as an Academic Fellow of the Foundation for the Defense of Democracies anti-terrorism training program this summer.

US atty. plans 'significant' Chicago court filing (AP via Yahoo! News)
Federal prosecutors said they planned to take action on a "significant criminal matter" on Thursday as they worked to meet a court-imposed deadline for the political corruption indictment of former Gov. Rod Blagojevich.

Arrest made in Stockwell home invasion (Grove Sun Daily)
MIAMI – A Missouri man accused of robbing the home of an Oklahoma criminal defense attorney is in a Kansas City jail on $750,000 bail, District Attorney Eddie Wyant said Monday.

An Attorney Without a Defense (Seattle Weekly)
Clallam Bay attorney James K. Naito has been disbarred from the practice of law for conduct involving the commission of a criminal act, reports the Washington State Bar Association's Bar News. Lowerin... Continue reading "An Attorney Without a Defense"

Kym Worthy Under Investigation (WXYZ-TV Detroit)
The Attorney Grievance Commission of Michigan is investigating Wayne County Prosecutor Kym Worthy. Criminal defense attorney David Moffitt and his client accuse her of unethical and possibly criminal acts related...

DIxon's lawyers move to dismiss criminal indictment (The Daily Record)
Baltimore Mayor Sheila A. Dixon moved to dismiss the 12-count criminal indictment against her Thursday, arguing State Prosecutor Robert A. Rohrbaugh deprived Dixon of due process of law by misleading the grand jury and contending that the charging document is internally inconsistent.

Attorneys say it doesn't look good for Blagojevich (Peoria Journal Star)
Local criminal defense attorneys have an idea of what might be in store for the state's most recently ousted governor.   "It looks like he and Gov. Ryan might be sharing a cell," said John Hall of Hall, Owens & Wickenhauser. "It's not looking good for him."

Self-defense cited in Poteet slaying (San Antonio Express-News)
Atascosa County authorities don’t anticipate filing criminal charges against a business owner who shot and killed a 25-year-old man Wednesday night during a failed robbery attempt.

Defense: Special DA 'hampering' Killings' case (Daily News Journal)
The attorney defending former Rutherford County Sheriff's Detective Ron Killings in a fatal crash case filed a motion in late March asserting that special prosecutor Joe Baugh was withholding evidence vital to his client's defense.

Pot grower alleges raid invalid (The Pueblo Chieftain)
Defense counsel for the proprietor of a medicinal marijuana farm in Beulah on Thursday challenged the validity of a search that resulted in criminal charges.

Longtime Oklahoma defense lawyer dies (News On 6 Tulsa)
Associated Press - April 3, 2009 8:05 AM ET OKLAHOMA CITY (AP) - Longtime Oklahoma criminal defense lawyer D.C. Thomas of Oklahoma City has died at age 80.

NutterTargets White Tax-Deadbeats Only: Lawyer (NBC Philadelphia)
Mayor Michael Nutter is only targeting white people in paying delinquent taxes, according to criminal defense attorney Joseph Santaguida.

Charges dropped against suspect in Ottawa County home invasion case (The Oklahoman)
MIAMI – A Missouri man accused of robbing the home of an Oklahoma criminal defense attorney was released from jail after the victim could not positively identify him in a lineup, District Attorney Eddie Wyant said today. Burglary, robbery and kidnapping charges were dismissed against Lee Maurice Richmond, 36, of Kansas City, Mo., Wyant said. The home of Ron and Brenda Stockwell was robbed by ...

Charges dropped in Ottawa County home invasion case (Tulsa World)
MIAMI – A Missouri man accused of robbing the home of an Oklahoma criminal defense attorney was released from jail after the victim could not positively identify him in a lineup, District Attorney Eddie Wyant said today.

Blagojevich Defense Team Still in Flux After Indictment (Law.com)
Former Illinois Gov. Rod Blagojevich's criminal defense team is still in flux even after a whopping 75-page federal indictment landed on him last week. Blagojevich, who was socked with political corruption charges in December, hasn't been able to solidify his criminal defense team mainly because it has not been clear how he'll pay his lawyers if the U.S. Attorney's Office in Chicago freezes his ...

Charges in home-invasion case dismissed (The Joplin Globe)
MIAMI, Okla. — Ottawa County prosecutors say charges have been dismissed against a Missouri man accused in a home-invasion robbery of an Oklahoma criminal defense attorney.

Judges try limiting criminal trial delays (Pittsburgh Post-Gazette)
Allegheny County Common Pleas Court judges are looking to drastically cut back on trial delays in the court's Criminal Division.

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.

The Blagojevich Indictment Round-Up, Part Deux (Chicagoist)
AP Photo The first 24 hours following the official announcement of former governor Rod Blagojevich's indictment produced a flurry of newsworthy headlines . Another day's time has proven just as fruitful. It seems Blago has lost a leading criminal-defense lawyer for the second time. Late Friday afternoon, attorney Terry Gillespie said he was dropping out due to a conflict of interest. He had been ...

Texas defense lawyers challenge blood testing in DWI cases (Austin American-Statesman)
When a client who had been arrested on a drunken driving charge showed up at his office in January 2006, Fort Worth attorney Avery McDaniel started considering ways to chip away at the case against her, including discounting blood evidence that showed she was too drunkto drive.

Nowak team uses autism as a defense (Florida Today)
Was Lisa Nowak NASA’s first autistic astronaut? That may seem far-fetched, but it’s one of the claims in the notice of “intent to rely on insanity defense” filed by the former astronaut’s attorney in her attempted-kidnapping and assault case.

Levin inducted into Trial Lawyer Hall of Fame (Pensacola News Journal)
Pensacola attorney Fredric G. Levin has been inducted into the American Trial Lawyer Hall of Fame, the highest honor a civil plaintiff's attorney or criminal defense attorney can achieve.

Gordon's role in Sulu crisis "destructive" - Defense chief (GMA News)
Defense Secretary Gilberto Teodoro Jr. for the first time voiced his displeasure on what he called as "destructive attempts" to interfere in the Sulu hostage crisis.

Defense goes to work in Dozier Allen trial (Post-Tribune)
HAMMOND -- The man who sat at the head of one of Lake County's most enduring political dynasties will make his case this week in federal court. In opening arguments in the trial of former Calumet Township?Trustee Dozier T. Allen on Monday, federal prosecutor Gary Bell said he would present a "clear and simple" set of crimes committed by the man who ran the state's busiest poor relief office for ...

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.

In a Trial Involving an Astor, the Lawyers Grab All the Attention (New York Times)
The criminal trial involving Brooke Astor?s fortune has not even gotten past jury selection, but a subplot is already emerging: the power struggle among the lawyers.

Sheriff, union are at odds on oversight (The Florida Times-Union)
The tug-of-war for control of police shooting investigations pits Jacksonville's most powerful union against its most popular elected official. On one side is the Fraternal Order of Police, thrust into the role of criminal defense attorney once an officer fires a weapon and becomes the subject of a potential homicide investigation. read more

WHAT I DO Emily Compagno, attorney, Raiderette (San Francisco Chronicle)
Emily Compagno isn't your typical Raiderette. A year before she joined the Oakland Raiders' popular cheerleading squad in April 2007, she received her law degree at the University of San Francisco and passed the California Bar exam. A criminal defense...

State Law to Cap Public Defenders? Caseloads, but Only in the City (New York Times)
The caseload standards, to be established by April 2010, are intended to improve representation for criminal defendants who cannot afford to hire lawyers.

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.

Control of RI crime lab could shift (Boston Globe)
Defense lawyers and prisoner advocates are criticizing a proposal by Gov. Don Carcieri that would put the Rhode Island crime lab under the control of the Department of Public Safety.

A misuse of international criminal law (The Record and Herald News)
The United States is not a signatory to the International Criminal Court, and Spanish judge and prosecutor Baltasar Garzon is a good reason why.

In a Trial Involving an Astor, the Lawyers Grab All the Attention (New York Times)
The criminal trial involving Brooke Astor?s fortune has not even gotten past jury selection, but a subplot is already emerging: the power struggle among the lawyers.

Attorney Says Kaneohe Nightclub Killing Was Self Defense (KITV Honolulu)
Trial begins for a man accused of stabbing another man to death after the victim tried to intervene in an argument with the defendant and his wife.




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