April 11, 2008

New Criminal Law, Fourth Amendment Violation?

Imagine several armed law enforcement officers bang on your door in the middle of the night demanding to search the contents of your home computer. Over your vehement objections, they storm in and go through all of your personal data, including all e-mails and financial information. Further imagine that they return several hours later and search it again. Then they come back in a week and do the same thing. Sounds like a communist country right? This couldn’t be the U.S. Well it is, and it could happen soon in Indiana, unless Steve Morris can do something to stop it. 15819614_240X180.jpg

Steve Morris, along with the ACLU, is suing every single prosecutor and sheriff in the state of Indiana because he believes a new law that takes effect in July aimed at “protecting children” should be thrown out. The law that he finds unconstitutional is one that would allow law enforcement to search his computer at any time. You see, Steve Morris is a sex offender. He was convicted of child molestation more then a decade ago. The law would also require that Morris, and all sex offenders, install a device on their computer which would permit law enforcement to monitor their usage. The device must be paid for by the sex offender. Morris and his attorney think it’s a clear violation of the Fourth Amendment.

Continue reading "New Criminal Law, Fourth Amendment Violation?" »

April 2, 2008

CONVICTED MURDERER DEMANDS SEX CHANGE OPERATION

In 1990, Robert Kosilek was convicted in a Boston courtroom for murdering his wife. Now serving a life sentence, Kosilek, who in 1993 legally changed his name to Michelle, claims that he's a "woman trapped inside a man's body." As a result, Kosilek has been battling the Department of Corrections to pay for a sex-change surgery. 10121-20.jpg

Kosilek first sued the Department of Correction in 2000, saying its refusal to allow her to have sex-change surgery violates the Eighth Amendment protection against cruel and unusual punishment. She said her body is becoming more masculine. In response to the law suit, U.S. District Judge Mark Wolf ruled in 2002 that Kosilek was entitled to treatment for gender identity disorder - including hormone treatments, laser hair removal and psychotherapy -- but stopped short of ordering sex-reassignment surgery.

Continue reading "CONVICTED MURDERER DEMANDS SEX CHANGE OPERATION" »

February 4, 2008

KEEP YOUR MOUTH SHUT

a20051812174816.jpg
I've been saying for more than a decade now, "The fish who kept his mouth shut never got caught." Apparently, Joran Van der Sloot didn't learn that lesson. Van der Sloot is one of the suspects who is alleged to have played a key role in Natalee Holloway's disappearance from an Aruba beach back in 2005. ABC has obtained a "taped video confession" of Van der Sloot confessing to his friend that he was with Holloway when she died. He Should have remembered his good ole Miranda Rights. He explains on the videotape that Holloway was drunk and that she began shaking and slumped down on the beach as they were kissing. If you haven't already done so, please view the video below.

Continue reading "KEEP YOUR MOUTH SHUT" »

January 24, 2008

Judge’s Sentence A Blow To The Government

padilla2.jpg And now conclusive proof that judges don’t always automatically do whatever government prosecutors ask of them. U.S. District Judge Marcia Cooke rejected the government’s passionate request that Jose Padilla and two other fellas who were convicted of terrorism charges be sentenced to life. Cooke sentenced Padilla to 17 years and four months in prison after jurors found that he participated in a South Florida based conspiracy to assist Muslims in “violent Jihad.” Cooke rejected the government’s argument that Padilla’s actions were comparable to the Oklahoma City bombing and/or the September 11th , terrorist attacks. Cooke stated, ''There was never a plot to harm individuals in the United States, '' Also, Cooke found that ``There was never a plot to overthrow the U.S. government.''

What is most significant to me is that Padilla was facing 30 years to life under the Federal Sentencing Guidelines. Judge Cooke had the courage, in today’s conservative climate, to exercise her discretion and to punish Padilla as she deemed appropriate. A rare act in today’s justice system.

October 29, 2007

A Video Doesn't Lie

weinsier%20arrest.jpg
There's a lot of misconception concerning the arrest of my client Jeff Weinsier, a "problem solver" reporter for ABC affiliate WPLG. Instead of telling you what really happened, why don't you simply see for yourself and make your own decision. You can view the piece that ran on the local10 and also view the unedited raw footage.

Let me know you're thoughts.

October 26, 2007

Proper Discipline vs. Child Abuse

loscar.jpg
I've made my feelings about this case very public. First, I feel privileged that I'm able to represent Loscar in this matter. From my many hours with him, I am convinced that he loves his son deeply and never intended to harm him in any way. Loscar disciplined his son the way that he believed was appropriate and necessary under the circumstances. The Miami Herald article published following Loscar's press conference discusses that.

The problem is that the laws in this area are vague and subject to interpretation. One prosecutor can look at a set of facts and conclude that a crime was committed while another may believe that the actions were good parenting.

Continue reading "Proper Discipline vs. Child Abuse" »

September 25, 2007

Give back Porn?

The following CNN appearance that I did recently features a discussion concerning whether a convicted sex offender should get back his pornography after serving a prison sentence. I think you'll enjoy this one.

Mark Eiglarsh's recent CNN interview with Erica Hill


September 19, 2007

ARREST OF UF STUDENT WAS SHOCKING

Shocking...get it? As you've probably heard, 21 year old UF student Andrew Meyer was arrested for resisting an officer and disturbing the peace and then tasered yesterday (Monday) during a question and answer session with U.S. Senator John Kerry. If you haven't seen the full video of the encounter, I encourage you to Watch the following video and let me know what you think. Also, visit Andrew Meyer's web site to gain some greater insight into what this guy is all about. http://www.theandrewmeyer.com/


Continue reading "ARREST OF UF STUDENT WAS SHOCKING" »

September 18, 2007

Setting Aside Senator Craig's Guilty Plea

It’s not going to happen, plain and simple. If it was so easy to set aside a guilty plea, then the Criminal Justice System would shut down. One can’t simply call a “do over” because the crappy consequences of their plea causes them regret.

Senator Larry Craig is claiming that he only pleaded guilty to a reduced charge of “disorderly conduct” because he “panicked.” Furthermore, he argues that he is a not a lawyer and consequently, he didn’t understand the “intricacies of constitutional law.” Craig’s lawyers also allege that the evidence is insufficient to support the guilty plea.

Continue reading "Setting Aside Senator Craig's Guilty Plea" »

September 17, 2007

Arrested and Jailed For Over Salting a Burger!

A Union City Georgia McDonald’s employee was forced to spend the night in jail and is facing further time behind bars for serving a patron an over salted hamburger. The accused, 20 year old Kendra Bull, was charged with misdemeanor reckless conduct. Unfortunately for Bull, the patron was a police officer who alleged the burger made him sick. Bull accidentally spilled salt on the hamburger meat and then tried to “thump the salt off.”

On her break, Bull actually ate one of the burgers from the salty batch. She stated to the media, “It didn’t make me sick.” Bull further stated to the media, “If it was too salty, why did (Adams, the cop) not take one bite and throw it away?”

Continue reading "Arrested and Jailed For Over Salting a Burger!" »

September 17, 2007

Miami's Own O.J. Held Without Bail On Serious Felony Charges

Maybe he should have just kept driving when chased in his white Ford Bronco. That way, perhaps we would have avoided the latest O.J. controversy. Unfortunately, Miami’s very own, O.J. Simpson finds himself at the center of yet another criminal case. This time, he’s accused of barging into a Las Vegas casino hotel room Thursday and taking a number of items that he believed were his. O.J. allegedly brought with him four friends, some armed with guns, in what Simpson has described as a self organized sting operation. O.J. is now facing decades in prison if convicted of any of the serious offenses for which he is charged: two counts each of robbery and assault with a deadly weapon, conspiracy to commit robbery, and burglary with a deadly weapon.

No doubt, it will be O.J.’s initial comments to the media that will be highlighted in his pending case. There’s a reason why I instruct my clients to keep their mouths shut. O.J., apparently thinks he knows better. Now he’s locked into whatever he spewed to reporters prior to his arrest.

Continue reading "Miami's Own O.J. Held Without Bail On Serious Felony Charges" »

July 25, 2007

Jail And Sex Offender Registration For Boys Who Slap Rears?

The nightmare isn’t over for two Oregon middle-school students in Oregon who, after spending five days in a juvenile detention center, are still facing additional jail time for their actions. Their crime? Smacking the girls on their rear ends.

The boys, both thirteen, are charged with ten misdemeanor charges of sexual abuse and harassment, subjecting them to possibly having to register as sexual offenders if convicted. They also face up to one year in jail for each count. One of kids told the media in a telephone interview that hitting the girls on their butts was a common way that they said hello to the other kids at school, like a secret handshake. The parents of the boys concede that their son’s behavior was inappropriate, however, not criminal.

Continue reading "Jail And Sex Offender Registration For Boys Who Slap Rears?" »