Defense Lawyers – Criminal Justice Online http://criminaljustice-online.com/ Thu, 19 May 2022 13:58:32 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://criminaljustice-online.com/wp-content/uploads/2021/06/icon.png Defense Lawyers – Criminal Justice Online http://criminaljustice-online.com/ 32 32 Ethan Crumbley wanted Joe Biden impeached, records show https://criminaljustice-online.com/ethan-crumbley-wanted-joe-biden-impeached-records-show/ Thu, 19 May 2022 13:58:32 +0000 https://criminaljustice-online.com/ethan-crumbley-wanted-joe-biden-impeached-records-show/ The parents of the Oxford school shooting suspect fear politics could hurt their chances of getting a fair trial, especially given what their son reportedly wrote in his diary about President Joe Biden. “I hope my shooting results in Biden’s impeachment,” 15-year-old Ethan Crumbley reportedly wrote in a diary entry that was leaked in a […]]]>

The parents of the Oxford school shooting suspect fear politics could hurt their chances of getting a fair trial, especially given what their son reportedly wrote in his diary about President Joe Biden.

“I hope my shooting results in Biden’s impeachment,” 15-year-old Ethan Crumbley reportedly wrote in a diary entry that was leaked in a new court filing Wednesday night.

The disclosure was made by lawyers for the boy’s parents, who are fighting to prevent their son’s diary, text messages to a friend and internet searches of school shootings from being admitted as evidence when their case is judged in the fall.

James and Jennifer Crumbley also don’t want the jury to hear about their alleged affairs, their smoking or weed drinking habits, their equestrian hobby or their messy house – all of this has come up by prosecutors. None of this is relevant to their case, say their attorneys, who filed five scathing motions with the court on Thursday in which they lambasted Oakland County District Attorney Karen McDonald for her handling of the case, accused her of trying to smear their clients and smear the jury. pool by disclosing inflammatory information and sought to derail the prosecution‘s case.

]]>
11th Circuit ruling on Crosley Green gives prosecutors too much power https://criminaljustice-online.com/11th-circuit-ruling-on-crosley-green-gives-prosecutors-too-much-power/ Tue, 17 May 2022 09:23:11 +0000 https://criminaljustice-online.com/11th-circuit-ruling-on-crosley-green-gives-prosecutors-too-much-power/ We’re going to ask you one thing in this editorial: imagine you’re arrested for a crime you didn’t commit. You can’t believe you’re in this position. But you trust the American justice system so much that when you are offered the chance to plead to a lesser charge, you say no. During the investigation, evidence […]]]>
]]>
‘It just doesn’t pay the bills’: why fewer private lawyers are signing up to defend the poor | Crime News https://criminaljustice-online.com/it-just-doesnt-pay-the-bills-why-fewer-private-lawyers-are-signing-up-to-defend-the-poor-crime-news/ Sun, 15 May 2022 09:30:00 +0000 https://criminaljustice-online.com/it-just-doesnt-pay-the-bills-why-fewer-private-lawyers-are-signing-up-to-defend-the-poor-crime-news/ A dwindling number of attorneys in Erie County and throughout New York State are willing to represent defendants who cannot afford their own attorneys. It’s a problem that those on the ground say is caused by state-set pay rates that haven’t increased since 2004. Private attorneys in their own firm or employed in a small […]]]>

A dwindling number of attorneys in Erie County and throughout New York State are willing to represent defendants who cannot afford their own attorneys.

It’s a problem that those on the ground say is caused by state-set pay rates that haven’t increased since 2004.

Private attorneys in their own firm or employed in a small firm who sign up to represent indigent clients through the county’s assigned attorney program, after expenses, end up making about $10 an hour for their work , said Kevin M. Stadelmaier of the Bar Association. of the Erie County Indigent Prisoners’ Aid Society.

“It just doesn’t pay the bills,” he said.

The Assigned Counsel Program, which performs the function commonly considered the office of the public defender, provides legal representation for all criminal matters in all cities and towns in the county, as well as high-level crimes in Buffalo. Lawyers who do this work under the program are not on staff, but are paid through a voucher system for hours worked.

People also read…

The lion’s share of people facing criminal charges in the county are indigent, Stadelmaier said.

The problem has built up over time, although it has been of heightened concern of late, according to lawyers working on the ground.

In the past month, two attorneys who handle homicide cases stopped taking on new assigned clients, Stadelmaier said, and since the start of the year only one attorney has been added to the program’s roster.

“We have a huge pool of talent in this county and in Western New York, and a lot of them won’t take assigned cases,” said veteran defense attorney Joseph J. Terranova, who sits to the Board of Directors of the Assigned Counsel Program.

The rates of pay, which also apply to attorneys who represent clients in family court, fall under what is known in state law as County Law 18-B. The hourly rate of pay for court-appointed attorneys is set by the state legislature and governor, and funding comes from county and state coffers.

The hourly rate — unchanged for 18 years — is $75 an hour for felonies and $60 an hour for misdemeanors.

Compare that to attorneys taking subpoenaed cases in federal court and getting paid $158 an hour.

The state’s top judge says a pay raise is needed.

“The inability of our state’s funding system to keep pace with any semblance of reasonable inflation has led to a mass exodus across the state of qualified appointed attorneys available to take on new assignments,” the judge said. Chief Janet DiFiore in her “State of Our Judiciary” report. earlier this year. “Committed and dedicated lawyers who remain in the lawyer and designated lawyer programs for children end up with an excessive workload, which means, of course, that they are overworked and find it difficult to devote sufficient time and resources to the clients they represent.”

The issue has been brewing for years, but a “confluence of events” has made it more difficult lately, attorney James Q. Auricchio said.






Defense attorney James Q. Auricchio.


John Hickey/File Photo


That includes recent changes to state discovery rules and court slowdowns caused by the Covid-19 pandemic, Auricchio said.

Changes to discovery rules allow defense attorneys to access all of the prosecution‘s evidence much earlier in the case, requiring more labor intensive efforts. That evidence can often include hours of body camera footage worn by police, which must be reviewed, he said.

As the courts reopened, a flurry of cases began to move forward at some point, he said.

Add to that the other types of legal work available that are more lucrative — some large firms charge several hundred dollars an hour — and the number of attorneys available to represent indigent defendants dwindles.

“Literally, there aren’t enough lawyers to take these cases,” said Auricchio, who added that he was taking “a fraction” of the assigned cases he was taking before.

While many of those working on behalf of the indigent did not get into the job for the money, they say they can’t do it instead of earning a living.

A criminal legal defense is a constitutional right, and an attorney’s experience matters when it comes to the quality and effectiveness of legal representation, defense attorney Jessica Kulpit said.

“To truly uphold the New York State Constitution, the systemic rights and values ​​that we have put in place, representation must be equal,” Kulpit said. “Otherwise, words mean nothing. And compensation is part of that.”

Norman Effman, who heads the Wyoming County Public Defender’s Office and who has researched the issue for the state’s bar association, said existing pay rates mean fewer lawyers are willing to do the job. work, and those who show up tend to be less…experienced litigators.

“It basically destroyed the ability to attract decent, competent and efficient lawyers to these panels,” Effman said.

Lawyers hoped that an increase would be included in the state budget, but that was not the case. Proposed rate increases were included in one House’s budget bills, Stadelmaier said, but did not make it into the final spending plan.

A pay rate lawsuit filed last year in the state was cited by Gov. Kathy Hochul as the reason there was nothing in this year’s budget. This trial remains pending.

State Bar Association President T. Andrew Brown, in a written statement after announcing a state budget deal, said no provision for an increase in committed attorneys automatically was one of the failures of the budget.

“As a result, at-risk women, children and poor defendants, primarily people of color, who cannot afford an attorney are increasingly unable to access their constitutional right to representation. By refusing to raise pay rates for 18-B for the Children lawyers and attorneys, New York is discriminating against those who need an attorney the most This is not only unfair, but it goes against of the fundamental affirmation that all are equal before the law,” Brown said.

Proponents of the increase also hope the state will include an annual wage hike tied to increases in the cost of living.

One of the sticking points will also be who will foot the bill for the raise, the counties or Albany.

Reach Aaron in Abesecker[at]buffnews.com or 716-849-4602.

]]>
Thirty months after challenging Michael Horowitz, Durham team suggest they never looked at the evidence https://criminaljustice-online.com/thirty-months-after-challenging-michael-horowitz-durham-team-suggest-they-never-looked-at-the-evidence/ Thu, 12 May 2022 06:04:26 +0000 https://criminaljustice-online.com/thirty-months-after-challenging-michael-horowitz-durham-team-suggest-they-never-looked-at-the-evidence/ In Michael Sussmann’s filing explaining he couldn’t include highly exculpatory notes – written by Tashina Gaushar, Mary McCord and Scott Schools – from a March 6, 2017 meeting in his motion in the limit because John Durham had provided them to him too late to include them, Sussmann claimed that the files were not among […]]]>

In Michael Sussmann’s filing explaining he couldn’t include highly exculpatory notes – written by Tashina Gaushar, Mary McCord and Scott Schools – from a March 6, 2017 meeting in his motion in the limit because John Durham had provided them to him too late to include them, Sussmann claimed that the files were not among those Durham had obtained permission to provide late.

The special counsel fails to mention that these handwritten notes were buried in nearly 22,000 pages of discovery that the special counsel produced about two weeks before the in limine motions were due. Specifically, the Special Counsel produced the March 2017 notes as part of a March 18, 2022 production. The Special Counsel included the March 2017 notes in a subfolder generically labeled “FBI Declassified” and also labeled them only as “Declassified FBI/DOJ Documents” in his cover letter. See Letter from J. Durham to M. Bosworth and S. Berkowitz (March 18, 2022). And while the special counsel indicated in a March 18, 2022 phone call that some of the 22,000 pages were documents that referred to the “client,” he did not specifically identify the March 2017 notes or draw attention to this powerful exculpatory material. the way Brady and his brood demand.

[snip]

[T]Nor did the special counsel explain why this powerful Brady material was produced years after their investigation began, six months after Mr. Sussmann was indicted, and just weeks before trial.3

Sussmann was wrong.

When Durham got an extension to its discovery deadlines, it got special permission to turn over (among other things) DOJ IG documents at a later date.

DOJ Office of Inspector General Materials. On October 7, 2021, at the initiative of the Office of Special Counsel, the prosecution team met with the DOJ Inspector General and other OIG staff to discuss what may be uncovered that may be in the possession of the OIG. The Office of the Special Advocate then submitted a formal written discovery request to the OIG on October 13, 2021, which requested, among other things, all documents, records and information in the possession of the OIG relating to the defendant and/or the allegations of the russian bank-1 .

[I]n January 2022, the OIG informed the Office of the Special Counsel for the first time that it would be extremely burdensome, if not impossible, for the OIG to apply the search terms contained in the discovery team’s request for discovery. indictment of October 13, 2021 to some of the OIG members. holdings – namely, the emails and other documents collected as part of the OIG’s investigation. The OIG therefore asked the Office of the Special Adviser to assist in locating these documents. The government is trying to resolve this technical problem as soon as possible and will keep the defense (and the Court, if necessary) informed of its progress.

During Monday’s preliminary hearing, Andrew DeFilippis explained that the files came from the DOJ IG (and were therefore subject to this later discovery deadline).

We located these statements in the notes in February or early March, when we received a huge production from the DOJ Inspector General’s Office. As soon as we noticed this in the notes, we put them on very fast declassification at the FBI and turned them over to the defense about a week later.

DeFilippis offered a flimsy excuse to bury the late-delivered Brady material two layers deep in folders without specific notice. He described the decision to flag the documents as an internal government decision, which is an odd description unless Michael Horowitz’s office – or those involved in declassifying the documents – forced the decision:

We then, speaking internally as a government, decided that it would be important to report those notes for the defense. And so the day we produced them, we got a call. We wanted to be able to point this out in a way that we didn’t just put it at the end of a paragraph in a discovery letter. We advised the defense that we were going to produce notes and that this included notes in which the word “client” appeared. And we told them that we thought it would be relevant to them.

[snip]

Let me just say that there was absolutely no effort on the part of the government to delay here or hide them in a big production. This is precisely why we received a phone call and reported it to the defense.

It’s almost as if DeFilippis hoped it wouldn’t be announced.

I can understand why. I described how astonishing it was that Durham did not seek evidence from the DOJ IG until – by Durham’s own account – October 7, more than two weeks after indicting Sussmann (and probably not long enough before indicting Igor Danchenko to learn key details that undermine at least one charge against him).

But this late provision of exculpatory evidence means one of two things:

  • Durham still had the files, but did such a poor job of searching that he couldn’t find it in his own files even when he started hunting Michael Sussmann.
  • Durham never had these files

The latter is the most likely possibility, which as a threshold would mean Durham never reviewed the key files which DOJ IG had used in interviews with high-profile witnesses before challenging Michael Horowitz’s conclusion that the investigation was properly founded. Durham literally doesn’t review key files until three years into its investigation.

Along the way, he learns that the conspiracy theories he’s been pursuing for months and years are false.

The revelation that Durham uncovers exculpatory information in DOJ IG files is as important to efforts to blow the charge against Mike Flynn two years ago as it is to the Sussmann charge. That’s because the Jeffrey Jensen review of the Flynn prosecution and the Durham inquiry were meant to be closely aligned. Indeed, I have shown that the handwritten FBI notes that Durham will rely on at trial show the same signs of unreliability as the documents that were altered in the Flynn case.

As I explained in this post, the Jensen documents started with the Bates stamp used throughout the Flynn prosecution.

But after a while, they used a Bates stamp with a different typeface, while continuing the same series, suggesting someone else was sharing documents.

But if they’re relying on the same source documents, Durham should at least know that the notes from that meeting exist. Jeffrey Jensen received and relied on at least one set of notes – Jim Crowell’s notes – from the March 6, 2017 meeting. These notes, along with Tashina Gauhar’s notes from a previous briefing and any that have been changed, also have bold font.

Tashina Gauhar’s notes given to Sussmann (and the others given) are not only based on a scan of her original notes and contain no post-its, but they both bear the Durham Bates stamp (SCO-074095), but also one that probably comes from DOJ IG (SCO-FBIPROD_021529).

All of this seems to suggest that there was the same selection of cherries that was made in Durham’s investigation and Jensen’s “review”. Neither could have been seen again! – What really happened. They reviewed selected records, then (in the Jensen review) altered those records to make false claims that the former president used in a debate attack.

I will return to the question of what appears in Sussmann’s published notes that conflict with Flynn’s versions.

But I’m also interested that Durham is late in providing further notes from the meeting.

2 Defense instructed the special advocate to search for any additional records that could shed more light on the meeting and some of these requests remain outstanding. To date, the special adviser has stated that the only additional notes from meeting participants that he identified do not specify whether or not Mr. Sussmann was acting on behalf of a client. The absence in these notes of any reference to whether Mr. Sussmann was acting on behalf of a client also raises questions as to the significance of the impugned conduct: whether the behalf information was really important to the FBI investigation, it’s likely that all the note takers would have written it down. [my emphasis]

Durham can’t withhold notes because they don’t mention that Sussmann has a client. This is because the Scott Schools notes mention that the Alfa Bank tip came from a lawyer, but do not mention that he was there on behalf of a client (the schools notes may have been included because these are the only ones of the three provided that attributed this discussion to Andy McCabe).

There are at least two other sets of notes from this meeting known or suspected to exist:

And there were at least three other people present at the meeting known to take notes:

  • Bill Priestap
  • Andy McCabe
  • Dana Boente

Importantly, in Durham’s objection to the admission of these notes as evidence, he states that James Baker (inexcusably as a lawyer) did not take notes of this or any other meeting, but he doesn’t say if Priestap (or Trisha Anderson) took notes. .

Additionally, the DOJ staff who took the notes that the defendant might seek to offer were not present at the defendant’s 2016 meeting with the FBI’s general counsel. And while the FBI’s general counsel was present for the March 6, 2017 meeting, the government found no notes he took there.

If Priestap took notes, a copy should be in Durham’s possession, in Priestap’s notebook already on Durham’s exhibit list.

The DOJ has been trying to block anyone from viewing Andy McCabe’s notes for some time.

But one thing the handing over of the notes withheld by DOJ IG for others will show is if any changes were made to the notes of Strzok, Priestap and McCabe.

It will also make it easy to test why Jensen’s review redacted a date and added one – albeit the correct one – in Jim Crowell’s notes.

In other words, I wonder if Durhams’ reluctance to hand over these documents stems not from facts about his own investigation, but from an awareness of the selection – and perhaps worse – that being handed over reveals. the past.

Three Messages About Altered Mike Flynn Case Documents

Jeffrey Jensen’s “investigation”: Post-its and other irregularities (September 26, 2020)

DOJ shorter: We’ve done some shit… Please release Mike Flynn (October 27, 2020)

John Durham has unaltered copies of the documents that were altered in the Flynn file (December 3, 2020)

image_print
]]>
Tackle a criminal defense case https://criminaljustice-online.com/tackle-a-criminal-defense-case/ Tue, 10 May 2022 09:08:01 +0000 https://criminaljustice-online.com/tackle-a-criminal-defense-case/ A criminal case is a scary situation, but with the right strategy and effort on your part, you can be confident in your defense. A lawyer will help you with the legal side of things, from what to say in court to filing motions. However, there are several steps you need to follow to ensure […]]]>

A criminal case is a scary situation, but with the right strategy and effort on your part, you can be confident in your defense. A lawyer will help you with the legal side of things, from what to say in court to filing motions. However, there are several steps you need to follow to ensure you get the best representation possible.

The first thing to do is to make sure you have an experienced lawyer who specializes in this type of case. The more time they spend working on cases like yours, the more they will know what works and what doesn’t come to trial.

The second thing is to understand what happens after an arrest. For example, what if someone is arrested but hasn’t seen a change yet? What happens when they appear before a judge at their hearing? Knowing these things will help ensure that no one has their rights violated during any part of this process and will give them peace of mind knowing how everything will play out in advance, so there are no more surprises. late !

Ensure the availability of information

Before hiring a lawyer, go out and do some research. There are more important things than making sure you have all the information you need to make an intelligent decision. Once again, it’s your money, your time and your freedom that are at stake.

Get the facts. You can make sure you know what type of charges you are facing. The Internet is a resource for learning criminal law and the law of your particular state. However, there is no substitute for talking to someone with a specialization. If you don’t understand what each charge means, or even if one charge is more serious than another, it’s no surprise that hiring the right attorney can be a challenge.

You do to others what you would like them to do to you! Your case may seem easy to solve, but you should go online and check out lawyers‘ opinions. It can be a simple way to learn how effective they are as lawyers and how well they treat their clients. It is also essential to check out their website; some people may not feel comfortable doing this, but now everything is online, so why not?

Your goal

You may ask yourself what you hope to accomplish by hiring a criminal defense attorney and then decide if those expectations are realistic.

If you are considering a felony charge, it is essential to know the potential penalties. Also, what would be the most likely outcomes. If your case is in federal court, your attorney can help you understand how the US Sentencing Guidelines apply to your situation and how they might affect sentencing if you are found guilty or plead guilty.

Understand the offense

The purpose of understanding the offense is to know what you are up against before making a decision. If you can’t afford a lawyer, or if you’re defending yourself, it’s at least because you made the smart choice to go ahead without a lawyer.

Once you understand the offense, you need to ask yourself several questions to make an informed decision about whether it makes sense for you to defend yourself:

  • Can I win or obtain a better result by handling my file myself?
  • Do I have a good chance of negotiating with the prosecutor for a lower charge or a reduced sentence?
  • Am I ready to plead guilty?
  • Is this case important enough for me to devote time and resources to preparing my defence?
  • Should I plead guilty and go on with my life?
  • Are there certain defenses that apply specifically to my situation (eg, self-defense, alibi, intoxication), which may not be obvious from the allegations in the charging document?

Get involved in the file creation process

Once you have handed over the file, you should familiarize yourself with all the documents. These will likely include a copy of the police report, complaint, arrest warrant, bail order, and indictment. You should also get copies of all exhibits.

When reviewing these documents, keep in mind that you are presumed innocent and only found guilty beyond a reasonable doubt (or by clear and convincing evidence in juvenile cases) .

You should also review all state pleadings and other notices. In addition, you can view bail petition filings and any new trial petitions on file. Take special note of any possible provisions (advocacy offers) extended by the state.

Meet the lawyer

Speak with the lawyer. Even if you don’t have a formal consultation with the lawyer, you should discuss the charges and your case to make sure you are comfortable with them and trust them.

You can discuss what you expect from the lawyer (eg high communication, regular updates, fees) and ask about their background and experience handling cases like yours. Then, to ensure an effortless process, you can choose an attorney from a firm like Douglas Crawford Law. You should also get a copy of the police report from your attorney if they don’t already have one.

Start making a list of potential witnesses who might be able to help your case. Be sure to include both people who may prove your innocence and those who may testify against you. If there is physical evidence, such as videos, photographs, emails, etc., collect it and give copies to the lawyer so he can start reviewing it before the trial.

Good preparation means good performance

You must be well prepared. A good lawyer will be able to explain the process of your case and make sure you know what’s going on. Don’t be afraid to ask questions!

Your lawyer should help prepare a defense, but it’s also crucial that you help them do so by making sure they have all the information they need. For example, you should get a copy of the police report detailing your arrest and give it to your lawyer.

If witnesses or other evidence are part of your case, a criminal defense attorney may need to speak to them. Since many people are unaware of how vital their involvement can be in a criminal case, you should make sure your attorney is aware of any potential evidence as soon as possible.

Jacob Maslow

Legal Scoops editor Jacob Maslow founded several online journals, including Daily Forex Report and Conservative Free Press.

]]>
Cowboy Country Criminal Defense has an experienced criminal defense attorney in Casper, WY representing clients https://criminaljustice-online.com/cowboy-country-criminal-defense-has-an-experienced-criminal-defense-attorney-in-casper-wy-representing-clients/ Wed, 04 May 2022 13:36:47 +0000 https://criminaljustice-online.com/cowboy-country-criminal-defense-has-an-experienced-criminal-defense-attorney-in-casper-wy-representing-clients/ Casper, Wyoming- Casper and Wyoming criminal defendants who need to hire experienced, proven criminal defense attorneys can contact Cowboy Country Criminal Defense. The law firm has a team of experienced lawyers who have won several criminal cases for their clients. Their continued zeal to win more business and protect the rights and interests of their […]]]>

Casper, Wyoming- Casper and Wyoming criminal defendants who need to hire experienced, proven criminal defense attorneys can contact Cowboy Country Criminal Defense. The law firm has a team of experienced lawyers who have won several criminal cases for their clients. Their continued zeal to win more business and protect the rights and interests of their clients is embedded in the law firm’s core mandate, which is to empower the people.

Led by Jeremy, a Wyoming native, the defendants can rest assured they are in safe hands. Criminal defense attorney Casper WY has won several awards and accolades over the years for being a passionate advocate for defendants. Clients can expect to work with a thorough, attentive and analytical lawyer.

Every case that comes to Cowboy Country Criminal Defense receives the quality treatment it deserves. The law firm’s lead attorney offers an initial consultation meeting where he learns more about the client, his case, and the charges against him. He takes pride in educating clients and will ensure that clients fully understand the charges against them, the possible outcomes and the defense strategies to adopt.

Naturally, the criminal justice lawyer aims to secure the release and acquittal of his clients. However, Cowboy Country Criminal Defense criminal attorneys can also help their clients seek more realistic results, based on the facts of their case. By offering aggressive legal representation, lawyers are able to achieve positive results, which may take the form of alternative sentences, plea agreements or others.

“We work on a variety of legal issues. We strongly believe in the clients we represent and we know that an individual is more than the crimes they are accused of. Our team of Wyoming defense attorneys is strategic, pragmatic and focused. We are both skilled negotiators and proven litigators. We will not hesitate to take your case to court. We are not your typical cookie-cutter law firm. We cut through the BS and get to what matters – strategically aggressive criminal defense. When we prepare for a trial or negotiations, it is clear that we know what we are doing and that we mean business,” said Jeremy Hugus.

Cowboy Country Criminal Defense handles homicide, DWI/DWI, assault, theft, drug charges, and other sensitive criminal offenses. The lawyers ensure that their clients are accompanied from the beginning to the end of the case.

Contact Cowboy Country Criminal Defense by phone at (307) 333-7884 or visit their website. For more information, visit their office at 123 South Beech Street, Casper, WY, 82601, USA.

Media Contact

Company Name
Cowboy Country Criminal Defense
Name of the contact
Jeremy Hughes
Call
(307) 333-7884
Address
123 Beech Street South
City
caspar
State
Wyoming
Postal code
82601
Country
United States
Website
https://bestshotatfreedom.com/

]]>
Johnny Depp’s lawsuit will see Amber Heard file a motion to dismiss she’s sure to lose – Deadline https://criminaljustice-online.com/johnny-depps-lawsuit-will-see-amber-heard-file-a-motion-to-dismiss-shes-sure-to-lose-deadline/ Mon, 02 May 2022 21:17:00 +0000 https://criminaljustice-online.com/johnny-depps-lawsuit-will-see-amber-heard-file-a-motion-to-dismiss-shes-sure-to-lose-deadline/ EXCLUSIVE: Amber Heard’s attorneys plan to ask a Virginia judge on Tuesday to dismiss Johnny Depp’s $50 million defamation case against their client. However, the defense team is almost certain to fail, and they know it. How to watch the Johnny Depp-Amber Heard trial Under Old Dominion statutes, defense attorneys in civil cases are essentially […]]]>

EXCLUSIVE: Amber Heard’s attorneys plan to ask a Virginia judge on Tuesday to dismiss Johnny Depp’s $50 million defamation case against their client. However, the defense team is almost certain to fail, and they know it.

How to watch the Johnny Depp-Amber Heard trial

Under Old Dominion statutes, defense attorneys in civil cases are essentially “obligated,” as one legal source told us, to bring a motion to strike once the plaintiff has completed their case. and his witnesses.

Focusing on Plaintiff Depp’s specific claims and the evidence presented in support of said claims, Heard’s legal team led by Elaine Bredehoft and Ben Rottenborn will likely present the motion on Tuesday before Judge Penny Azcarate to grant, dismiss, or take under advisement, we mean.

With the jury out of the courtroom, lawyers for both sides will have an (almost) short time to make their case to Azcarte. After that, unless she makes the unlikely decision to dismiss the case, the judge will tell the lawyers that she immediately denies the motion to strike or that she takes time to think about it. She will then call the jury back for the defense to begin their case.

Pretty much guaranteed to fail in this high-profile case, the main point of the motion is to ensure certain appeal rights for the defense if necessary. Representatives for Heard and his lawyers had no comment on the likely move when contacted by Deadline today.

Depp sued his ex-wife and rum diary co-star for big money in March 2019 after Heard wrote a Washington Post editorial on being a survivor of domestic violence. As all parties have stated and as anyone who can read can see, the 2018 newspaper article owned by Jeff Bezos never mentioned Depp by name. Delayed by the pandemic and other issues, the case was repeatedly challenged by Heard to no avail before the five-week trial began on April 11 at the Fairfax County Courthouse.

In the summer of 2020, the Aquaman star countersued Depp for $100 million. Later that same year, in another wrinkle in the legal fabric, Depp failed in his UK libel suit against The sun tabloid for calling him a “wife beater” in the print media.

Perpetually on the periphery of the Virginia trial, this British case was in many ways a trial run – no pun intended entirely – of the current American case. While the burden of proof is much higher in the US for the disputed Depp than in the UK for a libel or defamation claim, the UK case differs from the current one primarily in that Heard n was not a party to the overseas case – although she testified.

“It’s the same evidence given in the UK case that he resoundingly lost,” a source close to the Heard camp told Deadline of their take on how the US case led by Ben Chew and Camille Vasquez has gone so far. “So I assumed it was now just a variation of that old saying, ‘If at first you don’t succeed, lie again,’ the source added.

Despite all the explicit revelations that have come out of the end of the couple’s marriage, the 2019 trial and this trial so far, this case is legally entirely about what was said in this WaPo op-ed, and what was the fallout – which in no small degree focuses on the First Amendment.

In Virginia, Heard is currently the second witness for the defense after clinical and forensic psychologist Dr. Dawn Hughes takes the stand. Often wearing sunglasses, Depp spoke on his own behalf for part of the second and third week of the trial. Big names like avengers alum Paul Bettany, James Franco and future Twitter owner Elon Musk were on pretrial witness lists for the respective parties.

Last week it became clear that Bettany would not be called up, despite a toxic mouthful of texts from 2013 between the Wanda Vision The actor and Depp attacking Heard were read out in court here, as they were in the action in the UK. Franco and Musk are not expected to speak in person or virtually now either.

What will undoubtedly come back is Depp’s insistence that Heard WaPo the editorial ‘destroyed’ his career and cost him lucrative roles in high-profile films, like an as-yet-unreleased sixth Pirates of the Caribbean flick – though it appears he was never officially invited back to Disney’s distributed franchise.

While his lawyers have insisted on the five-week trial that began on April 11, Depp has repeatedly said since mid-2019 that he was in fact a victim of domestic violence in the relationship, not Heard. It should be noted that Depp and Heard’s 2016 divorce was characterized by such allegations on his part and a restraining order against the former Oscar nominee. Yet even after issuing a joint statement about the end of the relationship, Depp never addressed those topics publicly until the op-ed was published.

With testimony via video link and live in the courtroom, including a security guard who said he saw Heard punch Depp in 2015, the plaintiff’s side moved closer to ending their case on Monday. The day’s session ended with a February 4, 2022 video deposition from Erin Falati, also known by her maiden name Erin Boerum, who was a former nurse to the couple. Apparently the last witness for the plaintiff, the testimony of Heard’s former personal nurse will resume Tuesday morning.

]]>
US tries to sanction oligarch’s yacht, lawyers say he doesn’t own it https://criminaljustice-online.com/us-tries-to-sanction-oligarchs-yacht-lawyers-say-he-doesnt-own-it/ Thu, 28 Apr 2022 13:56:34 +0000 https://criminaljustice-online.com/us-tries-to-sanction-oligarchs-yacht-lawyers-say-he-doesnt-own-it/ The United States is trying to seize a yacht that AP says belongs to sanctioned oligarch Suleyman Kerimov. But Millemarin Investments, its registered owner, says the beneficial owner is Eduard Khudainatov. Kerimov is believed to be close to the Kremlin and faces money laundering charges. Loading Something is loading. The United States is trying to […]]]>
  • The United States is trying to seize a yacht that AP says belongs to sanctioned oligarch Suleyman Kerimov.
  • But Millemarin Investments, its registered owner, says the beneficial owner is Eduard Khudainatov.
  • Kerimov is believed to be close to the Kremlin and faces money laundering charges.

The United States is trying to seize a yacht in Fiji that it says belongs to a sanctioned Russian oligarch, but defense lawyers say it belongs to someone else.

US authorities claim the superyacht, the Amadea, is linked to sanctioned Russian oligarch Suleyman Kerimov, according to an AP report. Kerimov is believed to be close to the Kremlin and faces charges of money laundering and non-payment of taxes.

But defense lawyers claimed in court that the ship belonged to Eduard Khudainatov, former chairman and CEO of Kremlin-controlled energy giant Rosneft, per AP. Khudainatov was not sanctioned.

The Amadea is banned from leaving Fiji waters under a restraining order granted by the country’s High Court in Suva on April 19, a week after arriving from Mexico.

The Amadea is another example of the difficulties in determining the beneficial owner of a vessel, which may be different from the registered owner. The vessel is registered in the Cayman Islands and is owned by Cayman Islands-based Millemarin Investments, AP reported. Millemarin’s lawyers claimed in court that the company was the legal owner of the vessel and was linked to Khudainatov, the beneficial owner, by AP.

The high court ordered Fijian prosecutors to add Millemarin as a defendant in the case alongside Kerimov, per AP.

A spokesperson for Fiji’s Director of Public Prosecutions told Insider on April 20 that the legal ownership of the Amadea was “still under investigation.”

In addition to the US warrant to seize the vessel, Fijian authorities are investigating allegations of money laundering and possible violations of Fiji’s exclusive economic zone linked to the vessel, according to the Fijian Broadcasting Corporation. Police said the Amadea arrived in Fiji without customs clearance, Reuters previously reported.

Millemarin’s attorneys said there was no evidence the Amadea was the result of criminal proceedings, according to the FBC.

Lawyers for Millemarin, the US Treasury, US Department of Justice, US Embassy in Fiji and Fiji’s Director of Public Prosecutions did not immediately respond to Insider’s request for comment.

The case has been adjourned until May 3, when a judge must determine whether the United States can seize the vessel, per AP.

Kerimov is part of Putin’s ‘inner circle of oligarchs’

In addition to targeting Russian business, finance and industry, the West has sanctioned Russian elites to pressure President Vladimir Putin to stop his invasion of Ukraine.

Kerimov, a member of the Russian Federation Council, was sanctioned by the EU and the UK on March 15. The EU said Kerimov is “a member of the inner circle of oligarchs” close to Putin. He also said he was among those who met the Russian president in the Kremlin in late February to discuss Western sanctions.

Kerimov had previously been sanctioned by the United States in 2018, which said he had been charged with money laundering in France and failing to pay $432 million in villa taxes.

Kerimov is worth around $14.3 billion, according to Bloomberg estimates. He owns Nafta Moscow, a financial and industrial group in Russia. His family owns a majority stake in Polyus Gold, which claims to be Russia’s largest gold producer.

The Amadea is nearly 350 feet long and can accommodate 16 people in eight cabins. It was built by German yacht builders Lürssen and facilities include a gym, beauty salon, bar and glass lift. It also has an infinity pool, another pool on the owner’s private terrace, a jacuzzi and a helipad.

]]>
Who are the candidates for Judge Sparks in the 2020 primary? https://criminaljustice-online.com/who-are-the-candidates-for-judge-sparks-in-the-2020-primary/ Tue, 26 Apr 2022 20:47:57 +0000 https://criminaljustice-online.com/who-are-the-candidates-for-judge-sparks-in-the-2020-primary/ This cover of the voter guide was brought to you by the Reno Gazette Journal Fund for Public Service Journalism. Please consider donating to support it here. Judicial elections often don’t have many candidates unless the previously elected judge runs again – such is the case of the Sparks Municipal Court Judge in Department 1. […]]]>

This cover of the voter guide was brought to you by the Reno Gazette Journal Fund for Public Service Journalism. Please consider donating to support it here.

Judicial elections often don’t have many candidates unless the previously elected judge runs again – such is the case of the Sparks Municipal Court Judge in Department 1.

The nonpartisan position, which presides over trafficking and criminal offenses cases, had been held by Justice Barbara McCarthy, who retired in January. Sparks Mayor Ed Lawson nominated Shirle Eiting of the city attorney’s office to fill the position.

Four candidates are currently vying for the position: Eiting, along with Washoe County Assistant District Attorney Robert DeLong, Washoe County Public Defender Tobin Fuss, and Washoe County Assistant District Attorney Alison Ormas.

The top two voters in the primary will advance to the general election in November unless a candidate wins more than 50% of the vote, in which case that person would be declared elected.

]]>
Houston’s new CCTV warrant is illegal, lawyers say https://criminaljustice-online.com/houstons-new-cctv-warrant-is-illegal-lawyers-say/ Sat, 23 Apr 2022 02:30:06 +0000 https://criminaljustice-online.com/houstons-new-cctv-warrant-is-illegal-lawyers-say/ CHICAGO (NewsNation) — A new order requiring certain Houston businesses to have surveillance technology may not hold up in court, attorneys say. The ordinance requires all Houston bars, nightclubs, sex businesses, convenience stores and gambling halls within city limits to have security cameras and retain footage for 30 days. They must also turn over the […]]]>

CHICAGO (NewsNation) — A new order requiring certain Houston businesses to have surveillance technology may not hold up in court, attorneys say.

The ordinance requires all Houston bars, nightclubs, sex businesses, convenience stores and gambling halls within city limits to have security cameras and retain footage for 30 days. They must also turn over the video to the police within 72 hours of any request.

The Houston City Council passed it Wednesday by a 15-1 vote and follows a shooting at The Galleria mall on Saturday night.

Civil rights attorney Robert Patillo and criminal defense attorney Phillip Turner both agree that the city of Houston’s new law is problematic.

Houston police say the surveillance video helps investigators act faster and could deter acts of violence, but Pattillo says it opens up a quagmire of legal issues.

“Any evidence you collect without a warrant will never hold up in court. So no matter what you say, it will never procedurally meet that bar,” Pattillo said.

“So the idea that you’re going to force these companies to install thousands of dollars worth of photographic equipment and turn it over to the state without a warrant is ridiculous on every level,” he continued.

Okay, Tuner says legal advice is clearly not at stake here.

“I expect a court to adjourn very quickly saying, ‘you can’t force people to buy something,'” he said.

Check out the rest of the interview above.

]]>