Prosecution – Criminal Justice Online http://criminaljustice-online.com/ Thu, 22 Jul 2021 08:10:39 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 https://criminaljustice-online.com/wp-content/uploads/2021/06/icon.png Prosecution – Criminal Justice Online http://criminaljustice-online.com/ 32 32 Evidence in Steve Pankey case still not disclosed to prosecutors due to psychologist’s ethics concerns – Greeley Tribune https://criminaljustice-online.com/evidence-in-steve-pankey-case-still-not-disclosed-to-prosecutors-due-to-psychologists-ethics-concerns-greeley-tribune/ https://criminaljustice-online.com/evidence-in-steve-pankey-case-still-not-disclosed-to-prosecutors-due-to-psychologists-ethics-concerns-greeley-tribune/#respond Thu, 22 Jul 2021 06:39:06 +0000 https://criminaljustice-online.com/evidence-in-steve-pankey-case-still-not-disclosed-to-prosecutors-due-to-psychologists-ethics-concerns-greeley-tribune/ The data underlying Asperger’s diagnosis of a psychologist on Steve Pankey has still not been released to prosecutors, delaying the decision on the admissibility of the diagnosis before the case goes to trial in October. Motions in the Pankey case, in which he is accused of kidnapping and murdering 12-year-old Jonelle Matthews, on December 20, […]]]>

The data underlying Asperger’s diagnosis of a psychologist on Steve Pankey has still not been released to prosecutors, delaying the decision on the admissibility of the diagnosis before the case goes to trial in October.

Motions in the Pankey case, in which he is accused of kidnapping and murdering 12-year-old Jonelle Matthews, on December 20, 1984, continued on Wednesday from June, when it was determined he did not did not have to undergo a separate psychological assessment by the state. The assessment was being considered following defense attorney Anthony Viorst’s filing of a diagnosis of Asperger in late May.

The psychologist noted that Asperger’s syndrome, an autism spectrum disorder characterized by impaired communication as well as repetitive thought and behavior patterns, could explain Pankey’s many statements about the case of Jonelle’s disappearance in in recent decades. The Weld County grand jury indictment against the 70-year-old took note of his confession to having had information about the case over the years.

Former Greeley Police Captain Jack Statler testified on Wednesday, explaining that he was contacted by Pankey on January 17, 1985, four weeks after Jonelle went missing. Statler was the lead investigator on the case for the first few months after Jonelle disappeared. He was promoted out of inquiries on March 1, 1985.

Statler said Pankey called to ask for details of the case. Pankey said he may have information about the case, Statler said, after overhearing a conversation. Statler declined to release details of the case because the investigation was ongoing, and Pankey declined to speak further, hanging up soon after, Statler said.

An agent from the Federal Bureau of Investigation then contacted Statler, informing him that Pankey wanted to speak to the FBI and that they needed a place to speak. Statler set them up with an interrogation room at the police department, located in the city center at the time.

When Pankey arrived for the January 29 interview, Statler confirmed that Pankey was the same man who called about two weeks earlier. Statler said he viewed Pankey as a possible witness at the time, but not a suspect.

Pankey mentioned a few alternative suspects to Statler that day, naming Jim Christy, the pastor of Sunny View Church of the Nazarene where Pankey is said to have briefly attended church with the Matthews family, and Russel Ross, principal of Pankey at 7 Up Bottling Company. who lost to Pankey in a National Labor Relations Board case in June 1980. Ross is the last known adult to see Jonelle alive, dropping her home alone that night with Ross’s own daughter after a choir concert .

Viorst asked Statler if either had been investigated as a suspect, but Statler said no suspects were developed while he oversaw the case.

“I hate to say it,” Statler said. “Still haunts me today. “

Based on the testimony, Viorst withdrew a petition he had filed.

Following Statler’s testimony, Rourke made a few final motions that the court must deal with before the case goes to trial. He began by discussing “continuing frustration” trying to get information about Asperger’s diagnosis from Pankey.

Although Viorst agreed to hand over the data underlying the diagnosis, Rourke still had not received it because the psychologist feared he would violate the American Psychological Association’s rules regarding patient confidentiality. Viorst expressed mutual frustration, adding that he would summon the psychologist if necessary or issue a written court order.

Rourke posted the association’s ethics on its website, noting that the rules state that a psychologist may disclose confidential information with the client’s consent or “as required by law.”

Weld District Judge Timothy Kerns cited Colorado court rules stating that prosecutors can receive mental and physical assessments. If the case could not be resolved, he warned, he would not allow the psychologist’s testimony.

Viorst called this a “nuclear option”, expressing his preference that it not happen, and agreed that he would discuss the matter with the psychologist so the court could determine how to proceed.

The court also presented motions regarding Viorst’s alternative suspect, Norris Drake. Rourke objected to Viorst’s introduction of Drake into the case, disputing the relevance and accuracy of the statements submitted by Viorst.

The statements included Drake commenting on the drug theft, the size of a teenage girl’s chest, and knowledge that Drake had footprints raked in the snow, which prosecutors pointed to as evidence known only to Pankey and investigators in the case. Viorst said the statements were all captured on video and audio, including statements to a police officer.

Viorst said he was summoning the officer to appear but was having trouble contacting him. He asked Kerns to order Rourke to help him. Rourke challenged Viorst by implying that he had an obligation to use taxpayer money to help the private defense team. Kerns agreed he would not order prosecutors to help Viorst get his witness.

Kerns ruled in favor of the testimony establishing that Pankey possessed a gun at the time of Jonelle’s murder, determining that the testimony could be sanitized so as not to suggest that Pankey had a propensity for violence. Pankey had threatened to bring guns to Oklahoma and shoot a man and his wife, prosecutors said. While the threat has nothing to do with the case, the establishment of gun ownership is, especially if Pankey testifies that he did not have a gun at the time. there, a statement Viorst said Pankey would probably make.

The motions hearing continued until 3 p.m. on August 24.

Kerns said the jury selection process begins next week, with plans to get three alternates per juror for a total of 45 people. Due to space constraints, they will only sit 15 in the courtroom, Kerns said.


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California appoints former federal prosecutor as special advisor on unemployment fraud https://criminaljustice-online.com/california-appoints-former-federal-prosecutor-as-special-advisor-on-unemployment-fraud/ https://criminaljustice-online.com/california-appoints-former-federal-prosecutor-as-special-advisor-on-unemployment-fraud/#respond Wed, 21 Jul 2021 12:55:35 +0000 https://criminaljustice-online.com/california-appoints-former-federal-prosecutor-as-special-advisor-on-unemployment-fraud/ SACRAMENTO – The administration of California Gov. Gavin Newsom on Tuesday called on a former federal prosecutor to help investigate billions of dollars in fraudulent unemployment benefits paid by the state. The Department of Employment Development and the Governor’s Office of Emergency Services Fraud Task Force have appointed McGregor W. Scott as “Special Fraud Advisor.” […]]]>

SACRAMENTO – The administration of California Gov. Gavin Newsom on Tuesday called on a former federal prosecutor to help investigate billions of dollars in fraudulent unemployment benefits paid by the state.

The Department of Employment Development and the Governor’s Office of Emergency Services Fraud Task Force have appointed McGregor W. Scott as “Special Fraud Advisor.” The agencies said Scott would work with law enforcement to tackle fraud and prosecute those accused of deceiving the government.

Scott was the United States Attorney for the Eastern District of California under former Republican Presidents George W. Bush and Donald Trump. The district covers 34 counties from the Oregon border to Bakersfield in the Central Valley.

While US attorney Scott and several county prosecutors revealed that the state had approved hundreds of millions of dollars in unemployment benefits on behalf of inmates, some of whom were convicted of death row murder.

“Last year the state’s unemployment systems were attacked by sophisticated international and domestic organized fraud schemes,” Scott said. “We look forward to working with EDD, Cal OES, and local, state and federal prosecutors to identify, investigate, and prosecute those who have stolen benefits that rightly belong to Californians in need.”

California was overwhelmed with jobless claims during the coronavirus pandemic after Newsom issued the first statewide stay-at-home order that forced many businesses to close. More than 23 million claims have been filed since March 2020, with the state paying $ 158 billion in benefits.

But at least $ 11 billion of that money was fraudulent, state officials said earlier this year. The state has called an additional $ 20 billion in benefits “suspect,” but has yet to say how fraudulent the benefits are.


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Federal prosecutors want Wylie’s man accused of being on Capitol Hill riot to unlock computer, NBC5 reports https://criminaljustice-online.com/federal-prosecutors-want-wylies-man-accused-of-being-on-capitol-hill-riot-to-unlock-computer-nbc5-reports/ https://criminaljustice-online.com/federal-prosecutors-want-wylies-man-accused-of-being-on-capitol-hill-riot-to-unlock-computer-nbc5-reports/#respond Wed, 21 Jul 2021 02:41:32 +0000 https://criminaljustice-online.com/federal-prosecutors-want-wylies-man-accused-of-being-on-capitol-hill-riot-to-unlock-computer-nbc5-reports/ Claiming it could contain incriminating videos and other information, federal prosecutors try to force Collin County man imprisoned in the Capitol riot of January 6 to unlock their computer either by facial recognition or with a code. Wylie’s Guy Reffitt traveled to Washington with a rifle and handgun to participate in the insurgency, the FBI […]]]>

Claiming it could contain incriminating videos and other information, federal prosecutors try to force Collin County man imprisoned in the Capitol riot of January 6 to unlock their computer either by facial recognition or with a code.

Wylie’s Guy Reffitt traveled to Washington with a rifle and handgun to participate in the insurgency, the FBI said. He wrapped his pistol in a holster and wore a black tactical helmet with a camera attached as he charged police officers at Capitol Hill, prosecutors said.

Reffitt, a well-known member of the militia known as the “Three Percent”, was arrested at his home in Wylie on January 16.

During a search, officers seized his Surface Pro laptop but were unable to access it.

In a motion, prosecutors are asking a judge to order Reffitt to “place his face in front of the computer camera so that the computer can be biometrically unlocked” or, if that doesn’t work, to enter his passcode. access or its PIN code in the device. .

A camera review of Reffitt’s helmet revealed that three video files were deleted just days after the Capitol attack. Two of them were titled “DC”, according to the motion.

“The government believes that at least these three video files may have been transferred (to the Surface Pro),” a prosecutor wrote.

A hearing before a federal judge in Washington is scheduled for Wednesday.

In a response, Reffitt’s attorney noted that the government had allowed his search warrant to expire without taking action beforehand.

“Reffitt doesn’t think he used a passcode or PIN, but if he did, after more than five months he doesn’t remember what it would be,” wrote the Reffitt’s lawyer in a response.

The attorney, William Welch of Columbia, Md., Did not specifically object to Reffitt being forced to unlock the computer by facial recognition and wrote that “a biometric unlock attempt may be appropriate.”

Reffitt is also accused of threaten family members if they denounced it and planned separate attacks on “mainstream media”, “Silicon Valley” and “Big Tech”.


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Tyner Resigns As Atlantic County District Attorney | Local News https://criminaljustice-online.com/tyner-resigns-as-atlantic-county-district-attorney-local-news/ https://criminaljustice-online.com/tyner-resigns-as-atlantic-county-district-attorney-local-news/#respond Tue, 20 Jul 2021 13:15:00 +0000 https://criminaljustice-online.com/tyner-resigns-as-atlantic-county-district-attorney-local-news/ Atlantic County District Attorney Damon G. Tyner. LAUREN CARROLL / Multimedia reporter Atlantic County District Attorney Damon G. Tyner has resigned his post, according to a report by Harry Hurley of WPG Talk Radio. Tyner delivered his resignation letter to Gov. Phil Murphy on Tuesday, according to the report. In the letter, Tyner said: “I […]]]>





Atlantic County District Attorney Damon G. Tyner.


LAUREN CARROLL / Multimedia reporter



Atlantic County District Attorney Damon G. Tyner has resigned his post, according to a report by Harry Hurley of WPG Talk Radio.

Tyner delivered his resignation letter to Gov. Phil Murphy on Tuesday, according to the report. In the letter, Tyner said: “I have said for a long time that there is a private cost to public service. My family and I have certainly paid this debt.”

The resignation took effect at 9 a.m. today. Tyner’s five-year term did not expire until March 2022.

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Last week Tyner was named Prosecutor of the Year. He will accept the award at the New Jersey Narcotic Enforcement Officers Association annual luncheon in September in Atlantic City. The next day he announced the largest drug seizure in the county’s history when two men were arrested for leading a heroin operation.

Atlantic County Director Dennis Levinson said he has yet to see an official letter and has yet to have a conversation with Tyner.

“I wish him the best of luck in his endeavors, whatever he wants to do. It’s a bit of a surprise, but… he will be missed,” said Levinson.


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South Korean presidential hopeful wants to change attitudes about Japan https://criminaljustice-online.com/south-korean-presidential-hopeful-wants-to-change-attitudes-about-japan/ https://criminaljustice-online.com/south-korean-presidential-hopeful-wants-to-change-attitudes-about-japan/#respond Tue, 20 Jul 2021 04:01:00 +0000 https://criminaljustice-online.com/south-korean-presidential-hopeful-wants-to-change-attitudes-about-japan/ TOKYO – The political climate is heating up in South Korea as potential presidential candidates draw their battle lines. The outcome of the March 9 vote for President Moon Jae-in’s successor will go a long way in shaping the nation’s political course for the next five years and have huge implications for Japan’s traditionally delicate […]]]>

TOKYO – The political climate is heating up in South Korea as potential presidential candidates draw their battle lines. The outcome of the March 9 vote for President Moon Jae-in’s successor will go a long way in shaping the nation’s political course for the next five years and have huge implications for Japan’s traditionally delicate relations with its neighbor.

As presidential candidates from all political backgrounds announce their candidacies for the authorized single term, a political neophyte has become a potential agent of change for the often strained ties between Tokyo and Seoul.

Yoon Seok-youl, the country’s former attorney general, launched his candidacy in June. Yoon, who resigned his post as attorney general in March, has apparently embarked on a delicate and risky mission of reshaping a political landscape long marked by emotionally charged arguments about Japan.

In South Korea’s turbulent political theater, heavily divided into liberal and conservative camps, an anti-Japanese campaign has often been used by both sides as a way to gain broad public support. The term “pro-Japanese” is generally used to stigmatize political enemies because of its association with people accused of betraying the Korean people by cooperating with Japan during the period of Japanese colonial rule over the Korean Peninsula.

In major elections, including presidential elections, candidates often stress their tough positions on issues concerning relations with Japan and criticize opponents for their gentle policies towards Tokyo.

Moon Jae-in speaks at a campaign rally in Daegu, South Korea, May 8, 2017 © Reuters

This pattern continued for the 2017 presidential election. Ban Ki-moon, a former UN secretary general, emerged as a conservative favorite at the start of the presidential race. But Ban’s campaign quickly ran out of steam as his past remarks hailing a 2015 deal between the Japanese and South Korean governments on the wartime “comfort women” issue were used by rivals against him. A scandal involving his parents ultimately forced him to give up his presidential campaign.

At a press conference on June 29 to announce his candidacy, Yoon, the former attorney general who led the investigation into former President Park Geun-hye, said he would try to break with this political tradition. .

His reference to the song “The Bamboo Spear” during the press conference sparked much controversy. While diplomacy should be based on “pragmatism and realism”, he argued, “we got there because we kept singing the ideology oriented song ‘Bamboo Spear’.” His comment was a clear blow to Moon’s foreign policy.

The song praises the Tonghak Uprising (1894), a peasant rebellion in the last days of the Yi Dynasty to repel the Japanese invasion that sparked the First Sino-Japanese War. The song is known to inspire a spirit of resistance against Japan and arouse a patriotic sentiment among South Koreans. When South Koreans responded to Japan’s decision in 2019 to tighten control over exports of sensitive Japanese technology to South Korea by boycotting Japanese goods, the bamboo spear, a symbol of Tonghak peasants, was often mentioned. .

Yoon sharply criticized Moon’s foreign policy as being weighed down by ideology and separated from reality, blaming it for causing devastating damage to Seoul’s relations with Tokyo, which are often described as being in their worst condition since normalization. bilateral diplomatic relations. He argued that South Korea must continue “practical cooperation” with Japan for future generations.

As might be expected, Yoon’s remarks sparked a strong reaction from his liberal contenders and their supporters. Former Justice Minister Cho Kuk, who posted the song “Bamboo Spear” on Facebook when Japan tightened export controls to South Korea, denounced Yoon’s comments. Claiming to be “stunned by (Yoon’s) perceptions of the story, which are similar to those of the Japanese government,” Cho posted the song to Facebook again.

Former Prime Minister Lee Nak-yon, known for his extensive knowledge of Japan, also criticized Yoon’s remarks about the song, which he said were incredible and reflected a “superficial understanding of history.”

Yoon was unfazed by such criticism. Regarding Japan’s decision to dump radioactive wastewater from the crippled Fukushima Daiichi nuclear power plant into the ocean after being treated with decontamination equipment, Yoon said the Japanese and South Korean governments should pursue the plan in cooperation with other countries while ensuring transparency.

He also said that such a discharge of treated water from a nuclear power plant has never been viewed as a major concern and should not be viewed as a political issue. Yoon has since been locked into an acrimonious debate with Lee Jae-myung, the governor of Gyeonggi province, which surrounds Seoul. Lee, the favorite among the liberal presidential candidates, is known for his harsh criticism of Japan.

Lee Jae-myung, governor of Gyeonggi province, announced his candidacy for the presidential election in a video message broadcast on July 1. © Kyodo

Yoon’s proposal to start “two plus two” meetings of Japanese and South Korean defense and foreign ministers is another sign that he is seeking a radical departure from the Moon administration’s policy towards Tokyo. . This is a bold proposition in South Korea, where there is strong antagonism towards the Japanese Self-Defense Forces, which evoke memories of the Imperial Japanese Army.

Moon was crippled by his campaign promise to renegotiate the bilateral agreement on the issue of comfort women. Moon was eventually forced to admit that this was a formal agreement between the two governments.

Yoon’s presidential candidacy could have a positive impact on the country’s politics if he is serious about ending the vicious cycle of antagonism between the pro and anti-Japanese camps.

He may think he can attract realistic young voters who feel a sense of stagnation by portraying himself as a hard-minded pragmatist focused on what is best for the nation and pointing out his differences with the candidates. ideological liberals.

Yoon, however, is not ready to promote a clearly pro-Japanese political agenda. To carry out his presidential campaign, he chose a memorial museum dedicated to a South Korean independence hero who killed and wounded numerous Japanese military officers by throwing a bomb at them in 1932 in Shanghai. The choice of venue was a calculated move to avoid being labeled pro-Japanese.

The main opposition party, the People Power Party, is seeking to reinvent itself by electing a 36-year-old political outsider, Lee Jun-seok, as its head. On July 8, Lee met with Japanese Ambassador to South Korea, Koichi Aiboshi. During the meeting, Lee expressed his wish to see the two countries help each other in close cooperation. Lee asked for Aiboshi’s support for his efforts to promote exchanges between politicians and young people from both nations.

Political experts predict that young voters in their 20s and 30s, collectively referred to as the “2030 generation,” will hold the key to the presidential election.

Members of the Korea Youth Climate Action Group demonstrate in March 2020. The group filed a complaint with the Korean Constitutional Court, accusing the government’s environmental policy of violating the constitution. © Youth 4 Climate Action in the Republic of Korea / Kyodo

While many South Koreans hold grudges against Japan, a majority still calls for improved bilateral relations. Yoon challenges the misconception that a South Korean politician can always improve his standing with voters by adopting an anti-Japanese stance.

Moon was considering the possibility of visiting Japan during the Tokyo Olympics, but decided not to travel. His intention, however, could be a sign of his concerns about the political implications of the Tory opposition party’s decision to redefine its image and platform.

Yoon’s bold attempt at political reform has the potential to reshape the country’s traditional policy toward Japan. It remains to be seen, however, how far Yoon is willing to go beyond simply attempting to topple the Liberal government from power.


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Case of Dr Husel as former judge turned prosecutor Janet Grubb https://criminaljustice-online.com/case-of-dr-husel-as-former-judge-turned-prosecutor-janet-grubb/ https://criminaljustice-online.com/case-of-dr-husel-as-former-judge-turned-prosecutor-janet-grubb/#respond Mon, 19 Jul 2021 10:03:32 +0000 https://criminaljustice-online.com/case-of-dr-husel-as-former-judge-turned-prosecutor-janet-grubb/ After a 40-year legal career, including 18 years as a Franklin County Municipal Court judge, Janet Grubb decided to slow down. In 2016, she entered semi-retirement, working part-time as a magistrate in the Mayor’s Court of Upper Arlington. She did not expect a call in December from new Franklin County District Attorney Gary Tyack, who […]]]>

After a 40-year legal career, including 18 years as a Franklin County Municipal Court judge, Janet Grubb decided to slow down.

In 2016, she entered semi-retirement, working part-time as a magistrate in the Mayor’s Court of Upper Arlington.

She did not expect a call in December from new Franklin County District Attorney Gary Tyack, who asked her if she would become one of his first assistant prosecutors and manage the office’s criminal division.

Grubb accepted the job, but admits she did it with “a lot of trepidation.”

“I think Gary knew I could handle the subject. Of course I didn’t know at the time that I could,” she said with a laugh. “I’m just that 70-year-old retired little lady sitting there in yoga pants, you know?”


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Prosecutors offer plea deal to woman accused of scamming people in western Hidalgo County – Progress Times https://criminaljustice-online.com/prosecutors-offer-plea-deal-to-woman-accused-of-scamming-people-in-western-hidalgo-county-progress-times/ https://criminaljustice-online.com/prosecutors-offer-plea-deal-to-woman-accused-of-scamming-people-in-western-hidalgo-county-progress-times/#respond Sun, 18 Jul 2021 12:24:33 +0000 https://criminaljustice-online.com/prosecutors-offer-plea-deal-to-woman-accused-of-scamming-people-in-western-hidalgo-county-progress-times/ A woman accused of scamming people in western Hidalgo County must decide next month whether she should plead guilty – and spend 18 months in jail – or take her case to court. Sylvia Rodriguez Flores, 49, of Mission, said she knew judges and law enforcement officials who could resolve legal issues, court records show. […]]]>

A woman accused of scamming people in western Hidalgo County must decide next month whether she should plead guilty – and spend 18 months in jail – or take her case to court.

Sylvia Rodriguez Flores, 49, of Mission, said she knew judges and law enforcement officials who could resolve legal issues, court records show. After bragging about her connections, Flores convinced people to pay her thousands of dollars.

The legal issues, however, have not gone away.

Following a flurry of complaints, investigators arrested Flores for theft. The Hidalgo County District Attorney’s Office agreed to recommend an 18-month prison sentence if she pleads guilty.

“By all indications it looks like these cases will be challenged,” lawyer Jose Antonio Solis, who represents Flores, told state district judge Marla Cuellar in a hearing Wednesday morning. “However, before making this announcement, we would like to sit down and discuss it with the public prosecutor’s office.”

Sylvia Rodriguez Flores, 49, from Mission. (Photo courtesy of the Hidalgo County Sheriff’s Office.)

Flores is charged with three counts of theft, a state prison felony. If she is found guilty at trial, she faces a maximum of two years in prison on each count.

Solis asked for more time to review the case and meet with prosecutors. Cuellar approved his request and told Solis to come back with a decision on August 16.

“This is the final argument deadline, Mr Solis,” Cuellar said. “This should give you enough time to staff this case with the district attorney’s office, as well as to negotiate, if necessary.”

District attorney Ricardo Rodriguez said prosecutors offered Flores 18 months in jail in each case. The sentences would be carried out simultaneously.

Flores is also said to be paying tens of thousands of dollars in damages.

“We had good communication with the victims,” Rodriguez said. “They have been informed of what is going on.”

In 2018, when Flores pleaded guilty to a similar theft case, a judge placed her under community surveillance for three years.

Investigators arrested Flores on new charges of theft in October 2019, November 2020 and April 2021. Flores has pleaded not guilty.

After his arrests, Flores blamed La Joya’s Reynaldo Cardenas III for the charges.

His wife claimed Flores had ripped her off in 2019. Furious at what had happened, Cardenas searched for other victims and encouraged them to file a complaint with law enforcement.

Flores believed Cardenas had a vendetta against her. Complaints about Flores, however, surfaced years before her argument with Cardenas.

In August 2017, a man contacted the Alton Police Department about Flores, according to documents released under the Texas Public Information Act.

The man said Flores claimed she “has ties to the state of Texas” and would expedite her citizenship application for $ 5,000.

He paid, but Flores never did anything, according to the report. Alton viewed the dispute as a civil matter. No charges have been laid.

“We want to end this,” Rodriguez said. “I hope that now, in time, she learns a lesson.”


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Police and CPS must work together to fight drop in rape prosecutions – report | Rape and sexual assault https://criminaljustice-online.com/police-and-cps-must-work-together-to-fight-drop-in-rape-prosecutions-report-rape-and-sexual-assault/ https://criminaljustice-online.com/police-and-cps-must-work-together-to-fight-drop-in-rape-prosecutions-report-rape-and-sexual-assault/#respond Fri, 16 Jul 2021 04:27:00 +0000 https://criminaljustice-online.com/police-and-cps-must-work-together-to-fight-drop-in-rape-prosecutions-report-rape-and-sexual-assault/ Police and CPS must work together to fight drop in rape prosecutions – report |  Rape and sexual assaultPolice and prosecution must end the “culture of blame” that sees organizations “singling out” for the failure of rape victims in the criminal justice system, according to a joint police report. CPS inspections. In the first such joint report, the watchdogs said the two organizations needed to overcome the “deep divide” between them and tackle […]]]> Police and CPS must work together to fight drop in rape prosecutions – report |  Rape and sexual assault

Police and prosecution must end the “culture of blame” that sees organizations “singling out” for the failure of rape victims in the criminal justice system, according to a joint police report. CPS inspections.

In the first such joint report, the watchdogs said the two organizations needed to overcome the “deep divide” between them and tackle the “underlying problem” of a culture of defeatism within their workforce, which made them more cautious in their investigations. and prosecute rape cases over other crimes. The number of rape prosecutions has collapsed over the past five years.

“We have been told repeatedly that these cases are difficult to investigate, difficult to prosecute, difficult to explain to victims and difficult for juries to understand,” the report said.

“We are concerned that this state of mind may affect the decision-making of the police and the SPC in many cases. We agree that rape cases can be – and often are – complex… [But] we conclude that the police and the CPS may be more careful in their approach to investigating and prosecuting rape cases than they are in relation to other types of offenses. The attitude was described as “defeatism” by a representative of the victims, he added.

Her Majesty’s Inspector of Police Wendy Williams said: “Both organizations [are] by arguing that the other was to blame for the low conviction rates, and we call that finger pointing. “

Her Majesty’s Police, Fire and Rescue Inspectorate (HMICFR) and Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) report examined 500 cases of “none. other measure ”, where a decision was taken not to take the case to court.

He found that the average time it took for the police to decide not to take further action was 79 days, that it took 218 days for the police to refer the matter to the CPS and 456 days for the CPS then decides not to make the decision. case at trial.

This has contributed to a vicious cycle, which has seen victims more likely to drop out due to delays and low prosecution rates, he said.

While the report found some “excellent examples” of joint work, a stated commitment to work together failed to overcome the “deep divide” between the police and the CPS, according to the report, with police and prosecutors citing different datasets to defend their views.

“This approach suggests a lack of real acceptance of the fundamental need for joint ownership of issues and a collaborative response to systemic issues,” he said. “Until this culture of blame is eradicated, a real change in attitude seems unachievable. “

He also criticized the police and the CPS for focusing too much on the behavior of the complainants rather than the behavior of the alleged perpetrators, a failure identified by the government’s end-to-end review last month, which came to light. apologized for letting the victims down. The inspection spoke to 26 victims for its report, unlike the government’s end-to-end review, which was criticized for not doing so.

The authors were struck by the “modest and achievable” nature of their requests, which included empathy, better communication, and an explanation of what happens next. “These are all in the gift of the criminal justice system to get right now,” Williams said.

The report also criticized the collection of data, including scoring protected characteristics such as race and disability, which data from the Office for National Statistics shows victims are more likely to be raped. In his analysis, ethnicity was not recorded for the victim in 167 of the 502 cases, and for the suspect in 194 cases.

There were also implicit criticisms of the government in the report, which was accused of producing positive messages about tackling the rape crisis, but not adequately funding it.

But the inspection report specifies that “current police and CPS resources cannot meet demand, and investigators do not always have the right training or experience”, with workloads “often high and unmanageable ”.

The rape review did not mention the impact of the austerity measures on the police, which saw specialized rape units dismantle as the number of officers was reduced, and the CPS, which saw its workforce decrease by 30% since 2010.

The government highlighted £ 3.2million in new funding for a joint police / CPS pilot project that will encourage a greater focus on perpetrators, as well as £ 40million funding for support services, including £ 16million to recruit more independent sexual violence advisers.

When asked if austerity made rape prosecutions more difficult, Williams said: “We welcome the funding that has been provided. […] but it is indisputable that austerity has led the two agencies to restructure and deal with issues in a different way. Funding for “appropriate specialist capacities and capacities” and victim services was “essential,” she added.


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Imam Sharjeel accused of UAPA requests bail, says prosecution has no evidence https://criminaljustice-online.com/imam-sharjeel-accused-of-uapa-requests-bail-says-prosecution-has-no-evidence/ https://criminaljustice-online.com/imam-sharjeel-accused-of-uapa-requests-bail-says-prosecution-has-no-evidence/#respond Thu, 15 Jul 2021 16:45:03 +0000 https://criminaljustice-online.com/imam-sharjeel-accused-of-uapa-requests-bail-says-prosecution-has-no-evidence/ Imam in his plea said that the allegations against him do not reveal the commission of a “terrorist act” and that no offense is established under the Illegal Activities (Prevention) Act. Additional sessions Judge Amitabh Rawat requested a response from the prosecution on the imam’s request for bail and postponed the case to August 6 […]]]>

Imam in his plea said that the allegations against him do not reveal the commission of a “terrorist act” and that no offense is established under the Illegal Activities (Prevention) Act.

Additional sessions Judge Amitabh Rawat requested a response from the prosecution on the imam’s request for bail and postponed the case to August 6 for hearing.

  • PTI New Delhi
  • Last update:July 15, 2021, 10:15 PM IST
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JNU student Sharjeel Imam, arrested under the Illegal Activities (Prevention) Act, has filed a bail plea in court here in the North East Delhi riot plot case, saying that there is no evidence against him and that the allegations are purely based on speculation. Additional sessions Judge Amitabh Rawat requested a response from the prosecution on the imam’s request for bail and postponed the case to August 6 for hearing. The imam and several others were convicted under anti-terrorism law in this case. They are accused of being the “brains” of the violence of February 2020, which left 53 dead and more than 700 injured.

In a bail plea, filed through lawyer Ahmad Ibrahim, Imam said the allegations against him do not reveal the commission of a “terrorist act” and that no offense has been established. under the Illegal Activities (Prevention) Act. The prosecution has no evidence and just relies on a few elements here and there and the whole plot case as it relates to the plaintiff is purely based on guesswork, guesswork and suspicion. , said the plea. Imam said he was taken into judicial custody in another case when the riots took place and that he never participated in or encouraged violence. According to the plea, there is no evidence to indicate that the plaintiff was involved, even remotely, in any other protest in any part of Delhi, including protest sites in parts of Delhi that have been affected by the violence. .

In addition, the accused claimed that he had not had any direct communication with other co-accused and had not met them. The imam also filed for bail in a case related to alleged inflammatory speeches during protests against the CAA and the NRC at two universities. He will be heard on August 2. Besides him, former JNU student leader Umar Khalid, Jamia Millia Islamia student Asif Iqbal Tanha, JNU students Natasha Narwal and Devangana Kalita, former AAP advisor Tahir Hussain and several others were also reserved under the strict law in this case.

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Australian prosecutors drop needles in strawberries indicted against woman https://criminaljustice-online.com/australian-prosecutors-drop-needles-in-strawberries-indicted-against-woman/ https://criminaljustice-online.com/australian-prosecutors-drop-needles-in-strawberries-indicted-against-woman/#respond Wed, 14 Jul 2021 06:57:00 +0000 https://criminaljustice-online.com/australian-prosecutors-drop-needles-in-strawberries-indicted-against-woman/ CANBERRA, July 14 (Reuters) – An Australian court on Wednesday ordered the release of a woman accused of triggering a serious food crisis by contaminating strawberries with sewing needles in 2018, after prosecutors announced the abandonment prosecution. The A $ 160 million ($ 119.4 million) strawberry industry was rocked in September 2018 after nearly 200 […]]]>

CANBERRA, July 14 (Reuters) – An Australian court on Wednesday ordered the release of a woman accused of triggering a serious food crisis by contaminating strawberries with sewing needles in 2018, after prosecutors announced the abandonment prosecution.

The A $ 160 million ($ 119.4 million) strawberry industry was rocked in September 2018 after nearly 200 complaints about sewing needles found in strawberries and other fruits.

Several large supermarkets have pulled the fruit as shoppers abandoned their purchases, forcing some producers to throw the fruit amid warnings of widespread bankruptcy.

My Ut Trinh, a former farm worker in Queensland, was charged within weeks with seven counts of contaminating goods with intent to cause economic loss.

But after two days of hearings at the start of his trial, prosecutors said they would not pursue the case against Trinh. They did not give a reason.

“The prosecution has indicated that it will no longer prosecute you with these charges,” Judge Michael Byrne said.

“You are now demobilized and you can leave the platform.”

Speaking after the charges were dropped, Trinh thanked his supporters.

“Thank you. I can’t speak. I don’t speak but I have been doing my job for almost 20 years,” she told reporters in Brisbane.

But she added: “I haven’t worked for almost three years.”

($ 1 = AU $ 1.3403)

Reporting by Colin Packham; Editing by Raju Gopalakrishnan

Our Standards: The Thomson Reuters Trust Principles.


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