Defense Lawyers – Criminal Justice Online http://criminaljustice-online.com/ Thu, 22 Jul 2021 08:01:15 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 https://criminaljustice-online.com/wp-content/uploads/2021/06/icon.png Defense Lawyers – Criminal Justice Online http://criminaljustice-online.com/ 32 32 Lawyer: Others could be charged in case involving raid on fireworks booth – Port Arthur News https://criminaljustice-online.com/lawyer-others-could-be-charged-in-case-involving-raid-on-fireworks-booth-port-arthur-news/ https://criminaljustice-online.com/lawyer-others-could-be-charged-in-case-involving-raid-on-fireworks-booth-port-arthur-news/#respond Thu, 22 Jul 2021 05:34:22 +0000 https://criminaljustice-online.com/lawyer-others-could-be-charged-in-case-involving-raid-on-fireworks-booth-port-arthur-news/ BEAUMONT – A U.S. deputy prosecutor has said at least two other suspects may face charges in the coming weeks in the case involving the raid on a Dutch fireworks stand. Michelle Englade, the United States’ deputy prosecutor, told U.S. District Court Judge Thad Heartfield on Wednesday that more charges and indictments are likely to […]]]>

BEAUMONT – A U.S. deputy prosecutor has said at least two other suspects may face charges in the coming weeks in the case involving the raid on a Dutch fireworks stand.

Michelle Englade, the United States’ deputy prosecutor, told U.S. District Court Judge Thad Heartfield on Wednesday that more charges and indictments are likely to be looming.

When Heartfield asked for more details, Englade said “at least two people” who have not been charged could be charged by the first week of August.

No further information on potential charges was available.

On July 15, 2020, law enforcement raided Jake’s Fireworks and Right Price Chemicals, which is owned by Jake Daughtry and operates from the fireworks store on Twin City Highway near Spurlock Road. In the aftermath of the raid, the US government issued indictments against nine suspects over allegations that Daughtry and the other defendants knowingly distributed 1,4 butanediol for human consumption. The chemical is more commonly referred to as BDO.

Daughtry, along with his parents Joseph Daughtry and Sandra Daughtry, were charged with drug trafficking and money laundering after the raid.

Employees Jordan Lee King, Austin Dial, Tanner Jorgensen; all of Holland; Kip Daughtry, of Vidor, and Jesse Hackett, of The Woodlands, were also arrested and charged. Joshua Wisneant has been arrested in connection with the case.

During Wednesday’s status conference, Heartfield called on defense and prosecution lawyers to meet to discuss the exchange of evidence.

Englade said there are around 900,000 pages of evidence which can take two to three weeks to download.

The prosecutor said defense lawyers had more evidence than she did. Ryan Gertz, one of the Daughtry’s defense attorneys, said he received his 5 terabyte drive of evidence two days ago.

Englade said she had received readers from other lawyers over the past week and had not received readers from several others.

Heartfield has told lawyers they are expected to meet by next week and file contravention motions next month. If counsel for both sides fail to do so, the judge said lawyers will meet in the courtroom in the coming weeks for public mediation.

The court is also considering a gag order so that the case is not “judged by the media”.

Jury selection is expected to begin in September and Englade said the trial would take “at least three weeks”, due to the amount of evidence and 55 witnesses.


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Murder suspect tells judge he disagrees with his lawyer https://criminaljustice-online.com/murder-suspect-tells-judge-he-disagrees-with-his-lawyer/ https://criminaljustice-online.com/murder-suspect-tells-judge-he-disagrees-with-his-lawyer/#respond Wed, 21 Jul 2021 05:15:38 +0000 https://criminaljustice-online.com/murder-suspect-tells-judge-he-disagrees-with-his-lawyer/ Wilkes-Barre – Murder suspect Dana Ganje told a Luzerne County judge on Tuesday that he didn’t like the public defender. Ganje (42) charged with felony murder when Kingston Police found the body of Linda Flick (56) in the Toyota Rav4 behind her residence on August 4, 2018 at 71 Price Street. it was done. Police […]]]>

Wilkes-Barre – Murder suspect Dana Ganje told a Luzerne County judge on Tuesday that he didn’t like the public defender.

Ganje (42) charged with felony murder when Kingston Police found the body of Linda Flick (56) in the Toyota Rav4 behind her residence on August 4, 2018 at 71 Price Street. it was done.

Police said Flick’s body was covered with a blanket in the car.

Ganje was reportedly moved to his Kingston residence after assaulting Flick at a residence who lived in Draher Township, Wayne County. She was last seen by a family standing inside the patio door at around 6:15 p.m. on August 3, 2018.

According to court records, blood was found near the patio door which detached from the rail below.

Ganje’s trial is scheduled to begin on September 17.

During a situation meeting before Judge David W. Rupas, Ganje made a big deal out of being displeased with Demetrius Fanick, an attorney with the county public defender’s office.

Ganje said no work had been done on defending the global positioning of cellphones and that he had not received any discovery documents related to his case.

Rupas investigated Ganje’s concerns and said Ganje was eligible as a public defender because he could not afford to hire a private lawyer.

“You have the right to receive free advice, but you are not entitled to any advice you choose,” Rupas said.

Rupas said Fanick was an experienced defendant’s attorney who defended the murder suspect.

“I can’t let these guys represent me. My life is lost, ”Ganjeh said.

Rupas proposed that Ganje “open a line” with a lawyer, indicating that his trial is scheduled to begin on September 17.

“I was able to manage my case better,” Ganje said. His lawyer mistakenly pointed out that he was not making an effort to release him, and Rupas immediately corrected him.

When Rupas said the trial would start on time, Ganje asked Deputy District Attorney Thomas Hogans to speak personally.

Hogans said he was not allowed to speak to Ganje.

“I’m not ready. There’s no way I’m ready,” Ganjeh said.

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Baby Favi’s trial stopped by state Supreme Court https://criminaljustice-online.com/baby-favis-trial-stopped-by-state-supreme-court/ https://criminaljustice-online.com/baby-favis-trial-stopped-by-state-supreme-court/#respond Tue, 20 Jul 2021 15:53:35 +0000 https://criminaljustice-online.com/baby-favis-trial-stopped-by-state-supreme-court/ LAS CRUCES – After a day, the trial of Lalo Anthony Castrillo has stalled. After jury selection and opening statements Monday, the New Mexico Supreme Court ordered a stay of proceedings in Castrillo’s trial, effectively staying the trial while lawyers determine whether a judge’s order was allowed. The Third Judicial District Attorney’s Office requested a […]]]>

LAS CRUCES – After a day, the trial of Lalo Anthony Castrillo has stalled.

After jury selection and opening statements Monday, the New Mexico Supreme Court ordered a stay of proceedings in Castrillo’s trial, effectively staying the trial while lawyers determine whether a judge’s order was allowed.

The Third Judicial District Attorney’s Office requested a stay of the trial last week. Assistant District Attorney Daniel Sewell said last Friday that the Third Court lost jurisdiction over the case as soon as his office filed an appeal against a motion that excluded exhibits from the trial.

The lawsuit concerns the death of Fabiola Rodriguez, a toddler who died in September 2018. Prosecutors allege that Castrillo, 26, abused the two-year-old girl to the point of killing her. The case was discussed in courtrooms and on social media for nearly three years until a trial opened this week.

As prosecutors and defense attorneys prepared their cases last week, the court ruled that the district attorney’s office committed a breach of the find and failed to send the exhibits to the court and defense in a predetermined time frame.

After several missed deadlines throughout the case, Third Judicial District Court judge Douglas Driggers said he had seen enough. He ordered that all exhibits – including 911 calls, photos of Baby Favi’s body and internet searches – be excluded from the trial.

The prosecution is expected to rely on the testimony of witnesses and experts in their quest to prove Castrillo was guilty. But they wouldn’t have any physical items to present to the jury. Sewell told Driggers the penalty was too severe.

After: Child abuse has worsened in the two decades since Baby Brianna’s death

At a status conference on Friday afternoon, Sewell said Driggers had excluded the evidence and not just the exhibits, allowing the district attorney’s office to appeal the decision under the law of the ‘State. Driggers said the appeal was not well received, meaning he lacked standing.

Driggers said that – since witnesses could testify to what was in photos, 911 calls and internet searches – no evidence was excluded, only exhibits. Castrillo’s defense agreed with Driggers. They said the district attorney interfered with the defenses’ ability to prepare a case by failing to send material before the deadline.

As the jury met on Monday and was sworn in around 3 p.m., prosecutors and defense lawyers made their opening statements shortly after. Baby Favi’s grandfather was scheduled to testify early Tuesday morning, starting what promised to be a moving series of family testimony leading to a verdict by the end of the week.

With the Supreme Court’s conditional sentence, everything is on hold.

As soon as this article was published, the Supreme Court ordered Driggers to respond to the stay of trial order. He had until July 26 to do so.

Justin Garcia is a public safety reporter for the Las Cruces Sun-News. he can be contacted at JEGarcia@lcsun-news.com or on Twitter @ Just516garc.

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Biden administration transfers first detainee out of Guantanamo https://criminaljustice-online.com/biden-administration-transfers-first-detainee-out-of-guantanamo/ https://criminaljustice-online.com/biden-administration-transfers-first-detainee-out-of-guantanamo/#respond Tue, 20 Jul 2021 04:44:00 +0000 https://criminaljustice-online.com/biden-administration-transfers-first-detainee-out-of-guantanamo/ A US military guard tower stands on the perimeter of the detainee camp September 16, 2010, in Guantánamo Bay, Cuba. There are now 39 detainees left after the transfer of prisoners on July 19, 2021. // Getty Images, John Moore For the first time since President Biden took office, the Biden administration has transferred an […]]]>

A US military guard tower stands on the perimeter of the detainee camp September 16, 2010, in Guantánamo Bay, Cuba. There are now 39 detainees left after the transfer of prisoners on July 19, 2021. // Getty Images, John Moore

For the first time since President Biden took office, the Biden administration has transferred an inmate from the US military prison at Guantánamo Bay, Cuba to Morocco, signaling a renewed effort to reduce the population of the controversial prison – and maybe close it completely.

The transferred prisoner, 56-year-old Moroccan citizen Abdul Latif Nasser, was cleared for release by a parole board in 2016, but was held in Gitmo for another five years. In total, he spent 19 years in Guantánamo without being charged, making him one of Gitmo’s so-called forever prisoners under indefinite detention.

Nasser’s transfer was approved towards the end of the Obama administration, which had pledged to shut down Guantánamo, but President Trump took office before Nasser could be released. His arrival at the White House essentially ended the prisoner transfer process, with Trump promising instead to “charge [Guantánamo] with bad guys. “

But the Biden administration has quietly started picking up where Obama left off by releasing additional prisoners for transfer and, now, sending one home.

“We are extremely relieved,” said one of Nasser’s attorneys, Thomas A. Durkin of Chicago, who has represented him for more than a decade. “There have been some pretty dark hours here and we didn’t think it would ever happen which is a pathetic statement about our justice system, but we are very grateful that he was released.”

Nasser’s transfer to his home country leaves 39 men imprisoned at Guantanamo, up from nearly 800 since the prison opened in 2002. The majority of the remaining detainees – around three-quarters – are also “forever prisoners” detained without charge or trial. Ten of them have been cleared for release by the Guantanamo periodic review board, as was Nasser, but the United States has yet to find a country willing to accept them, subject to guarantees. of security.

The Obama administration official who oversaw the transfers of prisoners from Guantanamo, Lee Wolosky, told NPR it was high time to restart this process.

“We are really in a different world from 2001 when the 9/11 attacks took place and 2002 when Guantánamo was opened,” Wolosky said. “The Al-Qaida base in Afghanistan no longer exists and the threat environment has just fundamentally changed, so it is really time to wrap up this chapter in our history and move on.”

The Biden administration should “finally prosecute the individuals we can prosecute … and we should free those we are not going to charge,” Wolosky added. “I would like to note that we have still not been able to bring the 9/11 conspirators to justice, which is, frankly, a national embarrassment.”

Nasser’s release comes as further signs indicate that a change in political approach is underway at Gitmo. Earlier this month, the military tribunal’s chief prosecutor, Army Brig. General Mark Martins, who is also overseeing the criminal case against the five men accused of the September 11, 2001 terrorist attacks, made a surprise announcement that he would retire in September. And the lead defense lawyer in the 9/11 case, Marine Brig. General John Baker will retire in November.

Nasser, whose story was the subject of a series of Radiolab podcasts, landed in Morocco early Monday morning, was being held in a Casablanca police station, will join his family in the coming days, and will work in the cleaning company of his brother’s swimming pool, according to his lawyers.

Durkin, one of Nasser’s attorneys, said he had not yet spoken with Nasser since his release, but had spoken to Nasser’s brother by phone.

“It was just one of those great moments in the life of a lawyer, where the person on the other end of the phone is just ecstatic,” Durkin said. “Having said that, it’s a tragedy that he’s out there for 19 years without ever being charged. Not just a tragedy; it’s a huge dark spot for this country, as far as I am concerned.”

In an interview with NPR, another lawyer for Nasser, Bernard Harcourt, a professor at Columbia Law School, called Nasser’s release a “really important first step” in the Biden administration’s stated goal of shutting down the prison. Guantánamo.

However, in a statement, Nasser’s lawyers added: “There is little point in celebrating the release of a man detained for nineteen years without ever being charged with a crime, the last four of which were the collateral damage of the Trump administration and the zealous Republican The crude hawks policy of the War on Terror. If this was a wrongful conviction in Cook County, it would be worth $ 20 million. Nonetheless, we applaud the Biden administration for causing no further harm. “

Some Republican senators continue to oppose the closing of the Guantanamo prison and the release of its prisoners, saying they remain a threat to the United States.

Still, Wolosky, the former special envoy for Guantánamo under President Obama, said that “in the future I would expect to see more agreements of this kind”, especially regarding prisoners already authorized to be released.

“These are the easiest for the Biden administration to take back the old deal, dust it off … and close these deals after an unfortunate four-year delay under the Trump administration,” Wolosky added.

For Guantanamo prisoners not facing criminal charges but not yet cleared for release, State Department officials are likely to begin negotiations with other countries willing to take them, subject to security measures. .

For indicted prisoners, including the five accused of 9/11, these cases could be settled – like guilty pleas in exchange for a life sentence – as a cheaper and more effective alternative to going to trial. and incur the death penalty.

In May 2018, a prisoner was transferred out of Guantánamo by the Trump administration, but this was part of an agreement the prisoner made in which he agreed to plead guilty and testify against a fellow inmate in exchange for being sent to Saudi Arabia to finish his sentence there; it was not part of a larger effort to reduce Guantanamo’s prison population.

“So in some ways,” Wolosky said, “that one doesn’t really count as a transfer that was made as a political decision, as opposed to the implementation of a legal deal.”

Copyright 2021 NPR. To learn more, visit https://www.npr.org.


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American father and son: NPR https://criminaljustice-online.com/american-father-and-son-npr/ https://criminaljustice-online.com/american-father-and-son-npr/#respond Mon, 19 Jul 2021 13:23:21 +0000 https://criminaljustice-online.com/american-father-and-son-npr/ This December 30, 2019, a security camera video image shows Michael L. Taylor, center, and George-Antoine Zayek at passport control at Istanbul Airport in Turkey. A Tokyo court has sentenced US father Michael Taylor and son Peter to prison terms on charges of helping former Nissan chairman Carlos Ghosn escape to Lebanon while awaiting trial […]]]>

This December 30, 2019, a security camera video image shows Michael L. Taylor, center, and George-Antoine Zayek at passport control at Istanbul Airport in Turkey. A Tokyo court has sentenced US father Michael Taylor and son Peter to prison terms on charges of helping former Nissan chairman Carlos Ghosn escape to Lebanon while awaiting trial in Japan.

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This December 30, 2019, a security camera video image shows Michael L. Taylor, center, and George-Antoine Zayek at passport control at Istanbul Airport in Turkey. A Tokyo court has sentenced US father Michael Taylor and son Peter to prison terms on charges of helping former Nissan chairman Carlos Ghosn escape to Lebanon while awaiting trial in Japan.

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TOKYO – A Tokyo court has sentenced to prison terms the American father and son accused of helping former Nissan president Carlos Ghosn escape to Lebanon while awaiting trial in Japan.

Michael Taylor was sentenced to two years in prison on Monday, while his son Peter was sentenced to one year and eight months.

They were accused of aiding a criminal during Ghosn’s escape in December 2019, who hid in a large box that was flown by private plane via Turkey to Lebanon. Lebanon does not have an extradition treaty with Japan.

In delivering the sentence, Chief Justice Hideo Nirei said they had committed a serious violation of the law, as there is now virtually no chance of bringing Ghosn to justice.

“This case allowed Ghosn, accused of a serious crime, to flee abroad,” he said.

Although the defense argued that the two were simply used by Ghosn, they were clearly involved no matter who made the decisions, he said.

Ghosn was arrested in Japan in November 2018 for underreporting his pay and breaching trust in using Nissan Motor Co. money for personal gain. He says he is innocent and he left because he couldn’t expect a fair trial in Japan.

The Taylors were arrested in Massachusetts in May 2020 and extradited to Japan in March. During their trial, they apologized, claiming that they had been misled by Ghosn about the Japanese criminal justice system. Michael Taylor sobbed and said he was “broke”, denying that they had benefited financially because the $ 1.3 million prosecutors said Ghosn paid them the covered expenses.

But Nirei, the judge, said the court found the motive to be money. The Taylors can appeal within two weeks, he said.

Father and son, both dressed in dark suits and flanked by guards, stood outside the court in silence.

Taylor’s defense attorney Keiji Isaji has called for a speedy trial. Many Japanese trials last for months or even years.

The maximum penalty in Japan for aiding a criminal is three years in prison. Prosecutors had requested a sentence of two years and 10 months for Michael Taylor and two years and six months for his son.

The Taylors’ defense had pleaded for suspended sentences for the two, who spent 10 months in US detention before their extradition.

But Nirei said the length of their detention before and during the trial would not count as time served, saying they were not directly related and should be treated differently. “There is a limit to what we can consider,” he said.

In December 2019, Ghosn left his home in Tokyo and took a bullet train to Osaka. At a hotel there, he hid in a large box supposedly containing audio equipment, which had air holes so he could breathe, prosecutors said.

Another man, George-Antoine Zayek, is accused in the escape, but has not been arrested.

Separately, Greg Kelly, a former senior Nissan executive, is on trial in Tokyo for falsifying securities reports on Ghosn’s compensation. Kelly, arrested at the same time as Ghosn, also claims to be innocent.

A verdict in Kelly’s trial, which began in September last year, is not expected until next year. Over 99% of Japanese criminal trials result in convictions. If convicted, the charges against Kelly carry a maximum sentence of 15 years in prison.


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“No one believed me”: how rape cases are dropped https://criminaljustice-online.com/no-one-believed-me-how-rape-cases-are-dropped/ https://criminaljustice-online.com/no-one-believed-me-how-rape-cases-are-dropped/#respond Sun, 18 Jul 2021 16:51:59 +0000 https://criminaljustice-online.com/no-one-believed-me-how-rape-cases-are-dropped/ Later that night, she said, she woke up to the man raping her again while suffocating her in his room at City College in Manhattan, where he was a student. She said she couldn’t remember how she got there from the party and the man was recording it with his cell phone. When she realized […]]]>

Later that night, she said, she woke up to the man raping her again while suffocating her in his room at City College in Manhattan, where he was a student. She said she couldn’t remember how she got there from the party and the man was recording it with his cell phone.

When she realized what was going on, she said, she grabbed the phone and ran into the bathroom. She then showed the video to another student, Carlos Colon, who was in the next room. After seeing the video, Mr. Colon got into a fight with the man and was later charged with assault. Mr Colon said in an interview that the woman appeared to be unresponsive in the video.

Shortly after meeting the woman, the man spoke on the phone with one of his fraternity brothers, who recorded the call and forwarded it to The Times. During that call, the student admitted to filming the woman and said that was where he “messed up”. He then told his siblings that he had sex with the woman while she slept, two of them said in interviews.

The woman reported the attack, but during the three-month investigation that followed, she said prosecutors appeared skeptical. They asked her how much she must have drunk, why she hadn’t fought and if she wanted to cheat on her boyfriend, she said.

According to a recording of the conversation, prosecutors told the woman that the intoxication she described did not constitute “physical impotence” under state law and that they could not prove that she had not consented. They never found the video.

In New York City and most other states, a person is considered incapable – and therefore incapable of consenting to sex – if they are intoxicated, but only if the intoxication is unintentional, such as being intoxicated. was caused by a drug surreptitiously dropped into a drink. If the drinking was voluntary, prosecutors have a more difficult path to conviction: they must prove that force was used, that the person was unconscious, or that the victim said or signaled that they did not want to be. sexual relations.

At least 14 states – including California, Arizona, South Carolina, and Maryland – have expanded the definition of disability to include self-poisoning. Mr Vance and women’s groups have called on New York to do the same, but a proposal to do so has been blocked in Albany over fears that such a change would criminalize a joint situation – one in which both partners have been drinking, communication is impaired and memories after the fact are blurred.


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Suspended lawyer for Clayton County Sheriff Victor Hill calls charges “constitutional violation” https://criminaljustice-online.com/suspended-lawyer-for-clayton-county-sheriff-victor-hill-calls-charges-constitutional-violation/ https://criminaljustice-online.com/suspended-lawyer-for-clayton-county-sheriff-victor-hill-calls-charges-constitutional-violation/#respond Sat, 17 Jul 2021 17:08:34 +0000 https://criminaljustice-online.com/suspended-lawyer-for-clayton-county-sheriff-victor-hill-calls-charges-constitutional-violation/ Motion filed to dismiss case against Clayton County Sheriff Governor Kemp suspended Clayton County Sheriff Victor Hill in June, but his defense attorneys have filed a petition saying the criminal case against him is unconstitutional. CLAYTON COUNTY, Georgia. – Lawyers for Clayton County Sheriff Victor Hill have said the criminal case against him is unconstitutional […]]]>

Lawyers for Clayton County Sheriff Victor Hill have said the criminal case against him is unconstitutional and they are asking a judge to dismiss it.

Former federal prosecutor turned defense lawyer Lyndsey Barron drafted the motion to dismiss the criminal case which was filed on July 7.

“There must be a case that warns him that putting someone in a chair is a constitutional violation,” said Prosecutor Barron.

The government alleges that the sheriff, now suspended, abused a restraint chair and allegedly deprived four victims of their civil rights.

But lawyer Barron argues that it was Hill’s rights the government violated. She said it was easy.

“The constitution prohibits the prosecution of anyone who has fundamentally failed to notice that what they are doing is criminal. It is a fundamental premise of our criminal justice system,” said Prosecutor Barron.

The sheriff’s legal team said that because Hill had not been given a “fair warning” he could not be convicted.

“They’re used all over Georgia. They’re being used all over the country, but we can’t find a single case similar to the sheriff’s. It’s the notification problem. Where else has it gone- he produces?” senior lawyer Drew Findling was interviewed.

Sheriff Hill’s defense team said if there was misuse of the restraint chair, there were other ways to fix it.

“If the Department of Justice has a problem with how Sheriff Hill was using this chair, then there are remedies and ways to deal with this policy without indicating someone who has not been notified,” commented the attorney Barron.

Governor Brian Kemp suspended Hill from his post over the case in June.

No date has yet been set for the federal trial.

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Honolulu attorney: Sykap case is “not a Perry Mason moment” https://criminaljustice-online.com/honolulu-attorney-sykap-case-is-not-a-perry-mason-moment/ https://criminaljustice-online.com/honolulu-attorney-sykap-case-is-not-a-perry-mason-moment/#respond Fri, 16 Jul 2021 05:20:43 +0000 https://criminaljustice-online.com/honolulu-attorney-sykap-case-is-not-a-perry-mason-moment/ The Honolulu district attorney’s office correctly laid murder and attempted murder charges against three officers involved in Iremamber Sykap’s fatal shooting, even without obtaining indictments from a grand jury, argued the office Thursday in court documents. Geoffrey Thom faces second degree murder charges for shooting Sykap eight times in the back. Zachary Ah Nee and […]]]>

The Honolulu district attorney’s office correctly laid murder and attempted murder charges against three officers involved in Iremamber Sykap’s fatal shooting, even without obtaining indictments from a grand jury, argued the office Thursday in court documents.

Geoffrey Thom faces second degree murder charges for shooting Sykap eight times in the back. Zachary Ah Nee and Christopher Fredeluces both face attempted murder charges for shooting in the sedan driven by Sykap.

The prosecutor’s response comes more than a week after defense attorneys for the three officers asked the Honolulu District Court to dismiss the felony cases.

The prosecutor’s office says the constitution gives it the ability to prosecute officers in court.

Honolulu District Attorney’s Office Steve Alm maintains that the constitution allows the office to pursue charges against officers in court. Cory Lum / Civil Beat / 2021

“The district court, like all courts and all lawyers, is bound to obey the law,” Honolulu Deputy District Attorney Christopher Van Marter wrote in the government’s response brief. “District courts are not empowered to remake the law or new divine theories that undermine, and in effect overrule, other provisions of the law. “

Prosecutors are expected to present evidence at a preliminary hearing on Tuesday in a bid to convince the court that there is probable cause to indict the officers. The court will also deal with the motion to dismiss the cases at the same time.

Thomas Otake, the lawyer representing Ah Nee who asked the court to close the cases, did not respond to messages Thursday afternoon.

The defendants now appear to be building their own case to counter the prosecutor’s arguments.

On Tuesday, Crystal Glendon, lawyer for Fredeluces, subpoenaed nine HPD employees to testify on behalf of Fredeluces at next week’s hearing.

These employees are Ofc. Chanel Prize, Ofc. Daniel Tuttle, Detective Dayle Morita, Ofc. Jessica Uehara, Detective John Demello, HPD Evidence Specialist Michael Lynch, Sgt. Rance Okano, Lieutenant Taro Nakamura and Staff Sgt. Guillaume Malina.

Prosecutor: the arguments are wrong

Van Marter wrote in a court note Thursday that a preliminary hearing is only one method prosecutors can use to lay charges.

But Otake and the other defense attorneys argue that state laws, several state Supreme Court cases, and court rules all indicate that prosecutors need an indictment in front of a large jury before bringing charges in court.

Otake also questioned the ability of prosecutors to prove probable cause in court if they were unable to convince a grand jury, made up of ordinary people and unqualified lawyers.

Van Marter hit back on Thursday, writing that state law does not prevail over the constitution.

In a footnote to the response brief, Van Marter cites a 2013 Hawaii Supreme Court case in which murder charges were laid against an accused after a grand jury refused to indict the individual.

3 HPD officers arriving for their first court appearance in Honolulu on Friday, June 25, 2021. Photo by CIvil Beat Ronen Zilberman.
The Honolulu prosecutor’s office said it was properly pursuing charges against three officers for the murder of Iremamber Sykap. From left to right, Zachary Ah Nee, Gregory Fredeluces and Geoffrey Thom. Ronen Zilberman / Civil Beat / 2021

He writes that it is not unprecedented to bring charges in court instead of a grand jury and argues that the defense arguments are “based on flawed legal analysis, misinterpretation of the law, surveillance of contrary authorities, misleading arguments and convoluted reasoning “.

“This is not a Perry Mason moment,” writes Van Marter, referring to the court drama of the 1950s.

Eve Hanan, a former defense lawyer and associate professor of criminal law at the University of Nevada in Las Vegas, said prosecutors tend to present just enough evidence to grand juries to get an indictment. It is a legal strategy to prevent the defense from obtaining useful information later in legal proceedings.

In general, prosecutors always have the option of pursuing charges through other means, such as a second grand jury or a preliminary inquiry. However, she said it was rare for a prosecutor to file a complaint in court after being rejected by a grand jury.

“But then again, these cases of officer shootings are often rare in many ways,” Hanan said, noting the amount of evidence gathered during police shootings and the high-profile nature of these cases.

Bill Harrison, a prominent local defense attorney, does not think prosecutors are barred from going through preliminary hearing proceedings after failing to get an indictment from a grand jury and said the constitution gives prosecutors several options to pursue charges.

However, he notes that the state Supreme Court has yet to rule on the specific issue in this case.

“Historically, we look to the grand jury in cases like these,” Harrison said. “The question now becomes, ‘Does the prosecutor have to go to court to make a separate decision? This is an interesting question.

The preliminary hearing is scheduled for 1:30 p.m. Tuesday at the Honolulu District Court.


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Judge plans to send US citizen accused of murders to Iraq https://criminaljustice-online.com/judge-plans-to-send-us-citizen-accused-of-murders-to-iraq/ https://criminaljustice-online.com/judge-plans-to-send-us-citizen-accused-of-murders-to-iraq/#respond Fri, 16 Jul 2021 00:11:15 +0000 https://criminaljustice-online.com/judge-plans-to-send-us-citizen-accused-of-murders-to-iraq/ PHOENIX (AP) – A US prosecutor trying to send a Phoenix driving school owner to Iraq to face charges in the 2006 murder of two Iraqi police officers admitted on Thursday that statements made by people claiming to have been witnesses to the crimes contained inconsistencies, but still urged a judge to validate the claim. […]]]>

PHOENIX (AP) – A US prosecutor trying to send a Phoenix driving school owner to Iraq to face charges in the 2006 murder of two Iraqi police officers admitted on Thursday that statements made by people claiming to have been witnesses to the crimes contained inconsistencies, but still urged a judge to validate the claim.

Prosecutor Todd Allision said the documents provided by the Iraqi government in its extradition request establish probable cause in support of the two murder charges against Ali Yousif Ahmed Al-Nouri, an Iraqi native who came to the States- United as a refugee in 2009 and became a US citizen. in 2015.

Ahmed is accused of participating in the two attacks on the streets of Fallujah as the leader of an al-Qaida group. Ahmed denied being involved in the killings and being a member of a terrorist group.

Ahmed’s attorney, Jami Johnson, said some people who provided information to investigators had not witnessed the shooting and heard about it indirectly. Johnson also said a man detained by Iraqi police who claimed to be a member of the terrorist group told investigators Ahmed took an officer’s gun during one of the murders, while claiming on another occasion that someone else had taken the gun.

US Magistrate Judge Michael Morrissey, who is expected to rule later, will determine whether there is probable cause to support each charge and, if so, certify the extradition request. Ultimately, the decision whether or not to send Ahmed to Iraq will rest with the office of US Secretary of State Antony Blinken.

Johnson said Ahmed would not get a fair trial amid corruption in the Iraqi criminal justice system and would likely be executed if forced to return to his home country.

The defense attorney questioned why it took more than a decade for Iraqi authorities to formally charge his client and criticized accounts of the murders of informants who had “everything to gain by handing over to the Trump administration a supposed “terrorist refugee” during an election year. ”

The Trump administration had sharply criticized the Obama-era colonization program, questioning whether enough had been done to eliminate those with ties to terrorism.

Almost three months ago, a judge in northern California refused to allow the extradition to Iraq of Omar Abdulsattar Ameen, accused of committing a murder for the Islamic State group.

The judge said cell phone evidence showed Ameen, who was granted refugee status in the United States in 2014 on the grounds that he had been a victim of terrorism, was in Turkey at the time of the murder.

In Ahmed’s case, in the first shooting for which he is accused, authorities claim that one assailant pointed a gun at the head of a witness, while another started shooting at a police officer but had a malfunction with his weapon.

Another attacker then killed police lieutenant Issam Ahmed Hussein. The witness later identified Ahmed, who was not wearing a mask, as the leader of the group, according to court records.

Four months later, Iraqi authorities said Ahmed and other men shot and killed Officer Khalid Ibrahim Mohammad while he was sitting outside a store.

A person who witnessed the shooting recognized Ahmed, whose mask had come off, as one of the attackers, according to court records.

Ahmed’s lawyers said violence and unrest in Iraq prompted their client to flee to Syria, where he lived in a refugee camp for three years before moving to the United States. Authorities said Ahmed had spent time in a Syrian prison, although they could not determine what led him behind bars.

Defense attorneys say Ahmed volunteered in the Phoenix refugee community and worked as a cultural advisor to the U.S. military, traveling to bases in other states to assist military personnel while that he was preparing to deploy to the Middle East. He bought a house on the northwestern outskirts of the Phoenix subway and operated a driving school largely serving immigrants from the Middle East.

Prosecutors questioned Ahmed’s credibility, saying he gave conflicting explanations of how he was shot and wounded in Iraq.

They said criticism of the Iraqi criminal justice system and what Ahmed might face if returned to Iraq has no bearing on whether Ahmed can be extradited.


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Man lost his life in video game argument https://criminaljustice-online.com/man-lost-his-life-in-video-game-argument/ https://criminaljustice-online.com/man-lost-his-life-in-video-game-argument/#respond Wed, 14 Jul 2021 12:04:23 +0000 https://criminaljustice-online.com/man-lost-his-life-in-video-game-argument/ Two men appeared on the witness stand in Cleveland County Tuesday morning and described the day their neighborhood became a crime scene. One of them said he had just finished mowing a neighbor’s lawn when he heard a series of gunshots. Another described the same incident from a different point of view. Neither had a […]]]>

Two men appeared on the witness stand in Cleveland County Tuesday morning and described the day their neighborhood became a crime scene.

One of them said he had just finished mowing a neighbor’s lawn when he heard a series of gunshots. Another described the same incident from a different point of view.

Neither had a clear enough vision to point the finger at Jalen Aric Lipscomb, according to his attorney’s questioning in court.

Lipscomb, 24, is charged with first degree murder in the shooting death of Christopher “Chris” Bernard Carson.

Investigators say an argument led Lipscomb to shoot Carson, 32, four times and then flee the scene.

A little over a year has passed since the change of life, the day of the end of life.

A jury of seven women, five men and two male deputies was selected by lawyers on Monday, and the trial began on Tuesday.

Jalen Lipscolm looks at his notepad on Tuesday during his questioning during his trial in Cleveland County.

The sunny and devastating day

Keith Rankin lived in the same neighborhood as Carson, although the two didn’t really know each other, he said from the witness stand.

It was a hot, sunny day on June 12, 2020 when Rankin said he had finished mowing a neighbor’s yard and then heard a commotion. The brawl looked like a brawl, and then Rankin testified that he heard a series of four shots at Carson’s property.


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