Kenyan based courts fighting to shutdown Somali pirates

Wednesday, December 9th, 2009

New revelations are starting to unravel in the Kenyan courtrooms as the nine young men are being trialed. The lawyers representing both the defence and prosecution were sending legalistic blows to each other while the translator was busy changing each sentence from English to Somali and vice versa.

When the pirates are finally captured by the international warships that are in the vicinity of the Gulf of Aden and sea off the coast of Somalia then they are brought to the city of Mombasa and there they are tried in the Kenyan courts.

According to the latest court hearings, it has been revealed and proven that it is very difficult to prosecute the gangs enagaged in the acts of piracy. The main problem with securing any form of legal conviction lies in the lack of evidence in catching the pirates in their act.

Wanini Kireri who is the main officer in charge called upon the pirates as “blessing in disguise”, because according to the various sources Kenya has a deal where the judiciary and prison based system is getting upgrade. According to these sources about US $7 million in additional funding is being provided to fully support the prosecutions of pirates in Kenya courts.

Tags: kenya courts, kenya fights pirates, kenya pirates and courts, pirates, somali pirates
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Lawyers Advise to Teens: One Prank may Ruin You

Wednesday, June 17th, 2009

Attorneys from Public Defender’s Office gave lectures to junior-high and high-school pupils during the year regarding the differentiation of pranks and criminal acts.  “We are responsible for disseminating the information, and the children should be the one responsible for their choices,” shared Esther Goldfield, Katzir B junior high’s educational consultant in Rehovot.

In 2007, police figures show that around 10% of all caught felons were minors - almost 14,000 teenagers and children.  Moreover, there were 33,000 files of teenagers for property offenses and violence.

“When you walk with a knife inside your pocket, it might give you security so when other children want to assault or hurt you, you’ll just take it out in response.  However, you have to know that possessing the knife is already breaking the law and may give you five years in prison,” said attorney Gil Edelman.

Another example is taking a cell phone that belongs to another pupil.  “When you use force without the permission of the owner, then it’s a qualified theft according to the law.  And if you demand money for the return of the phone, it will be considered as extortion by threat,” he added.

The lecture program has assumed that most teenagers are not too familiar with the law.  They may not realize that a simple prank joke can become a criminal act.

Tags: attorney, attorneys, children, Criminal, criminal acts, Esther Goldfield, felons, Gil Edelman, Katzir B, minors, pranks, Public Defender's Office, Rehovot
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Crisis in Public-defender Offices

Monday, June 15th, 2009

Kimberly Hurrell-Harring admits that what she has done wasn’t the brightest decision she made. But when her husband pleaded with her to bring a very small amount of marijuana to “get high” in his awful maximum-security prison, she consented. So she drove 7 ½ hours to visit him and hid the dope in her private part.

Someone may have been listening because as soon as she arrived into Great Meadows Correctional Facility, the guards immediately yanked her and told her that things would be easier if she just hand over the dope without fuss. However, as soon as she did, she was handcuffed and immediately brought to jail.

No public defender was available during her arraignment and she has no money to hire her own lawyer. So standing alone in court, she was charged with a felony count of bringing a dangerous contraband to prison. And since she could not afford bail, she went back to jail.

A public defender appeared after three weeks and spent 15 minutes with her before the sentence hearing. The advice was to plead guilty and not to fight the recommended punishment of the district attorney, which is six months behind bars as well as five years of probation.

She begged that she has no criminal record and there might be a chance that a small possession of pot could be considered a misdemeanor. However, it seems like the attorney has no time for her.

Tags: attorney, Criminal, district attorney, Great Meadows Correctional Facility, Kimberly Hurrell-Harring, marijuana, public defender
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Limiting Conditional Sentences

Saturday, June 13th, 2009

On Monday, a new legislation will be introduced in Vancouver House of Commons. This legislation announced on Saturday by Attorney General Rob Nicholson (Minister of Justice) would end conditional sentences given to serious crimes.

According to the bill, offenders committing serious crimes should receive an imprisonment term instead of a conditional sentence, which is usually less than two years of community service or house arrest. Nicholson said that previous attempts to introduce alike legislations did not push through in Parliament.

He said the government will submit the proposal on Monday. As a result, “this will restrict the people’s ability to obtain conditional sentencing. It’s also consistent with the efforts to increase the confidence of the public in criminal justice system. Likewise, it would ensure that criminals committing serious crimes will receive sentences commensurate to their actions,” he emphasized.

This proposed legislation is expected to pick up where the “Act to Amend Criminal Code” has left off. Previously, that bill aspired to remove conditional sentencing for offences with 10 years or more maximum sentence.

The 2006 legislation has been altered during the parliamentary process and a lot of serious offences that should be ineligible for conditional sentences proposed by the bill were removed. “So now, the new proposed legislation will hopefully make it clear to the courts which offences should not be eligible for conditional sentences,” Nicholson concluded.

Tags: attorney, conditional sentence, crime, Criminal, House of Commons, imprisonment term, legislation, Rob Nicholson, Vancouver
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Overseas Detainees Still Being Mirandized

Thursday, June 11th, 2009

Some detainees that were captured and held abroad are still being read Miranda rights in order to preserve evidence for potential prosecution. Obama administration officials said that Bush administration also did this in some instances related to certain criminal cases.

Although the actual Miranda rights differ depending on the state, they would adhere to court ruling that “prior to investigation, the people in custody must be informed of their rights to remain silent and anything that they say may be used against them in court. They must also be clearly informed that they have the right to consult attorneys and to have those attorneys present during questioning. Also, an attorney will be provided at no cost to represent them if they are indigents.”

Rep. Peter Hoeskstra (R-Mich), House Intelligence Committee’s ranking Republican, expressed his concern about this news. “The last thing we want is to let the al-Qaeda terrorists remain silent. We should be focused on knowing and preventing the next attack. We can’t give these radical jihadists new tactics they could use to resist interrogation,” he said.

In March, President Obama was interviewed by 60 Minutes and he said “the whole Guantanamo premise promoted by Cheney (Vice President) was that the American justice system is somehow not equipped to deal with these terrorists. I disagree with that. So do you think these folks deserve to be treated the same way as a shoplifter in the neighborhood block? Of course not.”

Tags: al-Qaeda, attorney, attorneys, Criminal, detainees, Miranda rights, Obama, Peter Hoekstra, rights, terrorists
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Limitations for Bringing Old Court Accusations

Tuesday, June 9th, 2009

Two states created legislation windows opening up new time periods for childhood sexual abuse victims to seek civil court redress. California allowed these victims to file a case against their employer or abuser within one year regardless when the abuse occurred. Then, Delaware followed in 2007, this time giving people two years of leeway in bringing their accusations to civil court.

Moreover, New York state legislators are debating for a one-year statute this year. Other states are also mulling over similar measures.

These statutes of limitations for civil or criminal actions help avoid circumstances where testimonies rely on faded memories, documents have disappeared, or the evidence is incomplete. However, when high-profile abuse scandals (allegedly perpetrated by Catholic priests) occurred decades ago, a few states saw a particular need for “window laws” that could open the courts again temporarily and allow remedies of past grievances through civil actions only (not criminal prosecutions).

Supporters of these laws say that people who didn’t know or disclose that they’ve been harmed will benefit the most. But others say that such laws may inevitably raise questions of fairness and constitutionality.

Some defense attorneys say that the only reason these cases are brought up is to wrench money from the church, since many of the named perpetrators are already retired or dead, and it’s almost impossible to defend these cases.

Tags: California, child abuse, Criminal, defense attorneys, Delaware, legislation, statutes of limitations
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Still Getting Paid Even if Fired and Behind Bars

Friday, June 5th, 2009

Charlene Schmitz is already behind bars in a Tallahassee, Florida detention center. She’s serving 10 years for sending instant messages and texts to seduce a student (14 years old).

Although she has recently been fired as a reading high school teacher in Leroy, Alabama, she’s still collecting a paycheck. Schmitz is also appealing her firing and federal conviction. Moreover, pending state charges are filed in connection with her case. And under Alabama law, she’s entitled to her usual $51,000 a year salary while in the process of appeal.

School officials are unhappy because they have to pay not only Schmitz, but her replacement as well. The school has no choice but to obey Alabama Teacher Tenure Law – this protects tenured teachers from sudden and unfair firings. In 2004, a law change requires the school board to continue paying fired teachers until their employment appeals are decided by arbitrators.

Schmitz was found guilty by a jury on Valentine’s Day of 2008. She received two federal charges due to child enticement using electronic means and a 10-year sentence. Then in late March, the school board officially terminated her.

Henry Caddell, Schmitz’s criminal attorney, filed an appeal and said “Ms. Schmitz is still entitled to receive her pay until all of this is determined.” On the other hand, all the school board wants now is for an arbitrator to hear Schmitz case so that it can move on.

Tags: Alabama, Alabama Teacher Tenure Law, attorney, Charlene Schmitz, Criminal, criminal attorney, Florida, Henry Caddell, law, Leroy, Tallahassee
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No Criminal Offense in Pocomoke Election

Monday, June 1st, 2009

There might be irregularities in the recent Pocomoke City election, but the State’s Attorneys Office in Worcester County say that no crime was committed. Joel Todd, the State’s Attorney for Worcester County released a statement that said “The office’s role is to determine whether there’s probable cause that a crime was committed. This would be based on the facts obtained from extensive investigation and the laws of Maryland State and Pocomoke City. Based on my conclusion, there’s none.”

The cause of the investigation is a candidate claiming that there’s voter fraud in Pocomoke’s council seat election (District 4). According to Stephanie Burke, town leaders have coerced people (for example, those in the senior citizen communities) to vote for Tracy Cottman (her opponent in the election) because these town leaders do not like her change platform.

More specifically, Burke’s complaints were as follows:

• -Her opponent solicited for absentee ballots, completed portions of absentee ballots applications, handled completed absentee ballots, and marked portions of absentee ballots.
• -Most of the absentee voters could have voted in-person.
• -Board of Election Supervisors in Pocomoke failed to perform their duties.

Truly, certain irregularities were seen in the election system of Pocomoke during the investigation conducted. The State’s Attorney’s Office said that in the recent election, it’s possible that 17 people voted twice, both in-person and by absentee ballot. However, Todd says that there’s really no evidence that this actually happened.

Tags: attorney, Criminal, Joel Todd, Maryland State, Pocomoke City, State's Attorneys Office, Stephanie Burke, Tracy Cottman, Worcester County
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Possible Criminal Charges in Trolley Crash

Thursday, May 28th, 2009

Criminal charges are being considered in a Suffolk County grand jury against Aiden Quinn, an MBTA Green Line trolley driver. Earlier this month, Quinn rear-ended another trolley near Government Center Station, according to two officials who are familiar with the case.

Quinn’s attorney, Michelle Menken said, “It’s not a surprise. I have not been notified and I’m not aware that Quinn had already been asked to testify.”

Meanwhile, the district attorney’s spokesman of Suffolk, Jake Wark, said “By nature, the grand jury proceedings are confidential and we cannot discuss, deny, or confirm such proceedings.”

The 24-year-old Quinn told authorities that he was sending a text message to his girlfriend so he missed the red light and slammed into three trolleys, injuring nearly 50 people in the process.

Quinn has already been fired from MBTA and could still face criminal charges, according to authorities. This crash has sparked a public debate about the dangerous habit of texting while driving. Some disagree with the criminal charges filed against Quinn while some say that he’s self-incriminating for telling the truth.

This case could be a wake up call for people who constantly use their cell phones while driving. In fact, it appears that there’s enough momentum for the State House to completely ban texting while driving cars.

Tags: Aiden Quinn, attorney, Criminal, district attorney, Government Center Station, MBTA, Michelle Menken, Suffolk County
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No Place to Run for Criminals

Friday, May 22nd, 2009

According to federal legislation tabled on Wednesday, criminals who flee to another province will face charges as well. Finally, this proposed change would close a loophole allowing criminals to escape justice simply by leaving the place where they were charged. It’s one of the six updates to the federal crime laws announced by Stockwell Day, Vancouver’s International Trade Minister.

Jim Chu, Vancouver police, said that this is the most influential change in the police force. Currently, accused people on bail can just flee to another province so that the existing warrant will not be enforced. “Criminals need to be accountable to the crimes they commit. They need to know that they can’t escape,” he added.

Now the new offence makes fleeing a two year jail sentence. Also, the police can arrest them anywhere and send them right back to the province where the original charge came from. However, this does not include the funding for the transfer.

Day commented that because of this new law, “People will not be interested to leave. Otherwise, it will be a trip back home with added jail time.”

Another advantage of the new legislation is that police will find it easier to get an electronic warrant as well as to photograph and fingerprint people in custody before laying down charges. Attorney General Rob Nicholson also announced these changes in a recent news release.

Tags: attorney, crime, criminals, jail, Jim Chu, laws, Rob Nicholson, Stockwell Day, Vancouver, warrant
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Police Officer Charged of Criminal Harassment

Thursday, May 14th, 2009

On July 17, a judge will sentence a regional police officer who is accused of harassing and stalking a woman and a 16-year-old girl. Jayson Doyle, a police force veteran for eight years, is charged with criminal harassment (two counts). The alleged crimes happened in between April 2006 to April 2008.

Prosecutor Alonzo Wright said that Doyle’s actions were reckless, “in fact, it made the two accusers very fearful.” On the other hand, defense lawyer David Bright defended his client by saying that prosecution was “taking a moral wrong and making it criminally wrong.” He said further that “My client is a married man and according to many people, what he did was morally wrong, but will it be legally wrong?”

In four days, Judge Robert Stroud heard 20 people’s testimony, including Doyle and the two accusers. The court heard that Doyle asked a woman to strip in front of a webcam. He also sent a 16-year-old girl a message on Facebook, called her at home and work, and parked across the street of her house to watch her.

When Doyle took the stand, he admitted that he crossed the line when he asked a woman to show her breasts on the webcam. However, he said he never threatened or pursued the woman. As for the teen, he said he thought she was 18 years old and denied that he’s harassing the girl.

Tags: Alonzo Wright, crime, Criminal, David Bright, Defense lawyer, Jason Doyle, lawyer
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Wanted Criminal in Brazil Arrested in Massachusetts

Saturday, May 9th, 2009

The special agents of United States Immigration and Customs Enforcement (ICE) with the help of Massachusetts Police Department took Carlos Alexandre Luz into custody. He is a national of Brazil who has committed immigration violations.

After investigations, it was revealed that Luz has a warrant for homicide from Esporito Santa, Brazil. “The United States cannot keep criminals on its streets. Instead, they should face charges in their own countries,” said Bruce Foucart, a special agent in Boston heading ICE’s Office of Investigations. “I want to warn all criminal aliens that ICE will go after you in order to keep Massachusetts safe,” he added.

In addition, Kenneth Lavallee, Lowell Police Superintendent stated, “This arrest showed the collaborative efforts between ICE and local police departments. Since a dangerous criminal was removed, the community became a safer place.”

Pending a federal immigration judge hearing, Luz is now in the custody of ICE. He has a criminal history including a recent March 12 arrest in Lowell on charges of Battery, Assault, and Attempt to Commit Mayhem.

Meanwhile, this investigation would not be possible without the assistance of Bristol County Sheriff’s Department, U.S. Secret Service, Lowell Police Department, Massachusetts State Police, and Diplomatic Security Service.

Tags: Boston, Carlos Alexandre Luz, Criminal, homicide, Immigration, Immigration and Customs Enforcement, Massachusetts Police Department
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To File a Criminal Case or Not

Tuesday, May 5th, 2009

Justice Department officials stopped recommending criminal charges against the lawyers of the Bush administration. Steven Bradbury, John Yoo, and Jay Bybee were the lawyers who wrote secret memos to approve harsh interrogation techniques on terror suspects.

Critics say that their techniques are just the same as torture. Therefore, the initial recommendation of investigators is to refer these lawyers to state bar associations, where professional sanctions can be levied against them, the most severe of which is disbarment.

Yoo is a professor working at University of California-Berkeley; Bybee is a 9^th U.S. Circuit Court of Appeals judge; while Bradbury returned to private practice as soon as he left government at the same time as the end of former President George W. Bush’s term.

Although the investigative report was still in draft form, Attorney General Eric Holder may determine the steps to take upon finalization of the report. Most of the work was completed, but the possibility of criminal charges was not mentioned in the letter as well as the names of the lawyers under scrutiny.

This inquiry has been running around like a politically-loaded guessing game – some people are advocating criminal charges while others are urging to drop the matter. Meanwhile, Office of Professional Responsibility is still investigating the matter. They are looking at possible ethics violation, and on rare occasions, inquiries like these become full-blown criminal investigations.

Tags: Attorney General Eric Holder, Criminal, Jay Bybee, John Yoo, Justice Department, lawyers, Office of Professional Responsibility, Steven Bradbury
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