Daily Criminal Justice Briefing

Below is a sample of the Daily Criminal Justice Briefing, which is available exclusively to members of NACDL. The briefing comprises each day's most important stories affecting the criminal defense profession from major new sources and journals, and is delivered each day to your inbox.

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 Tuesday, February 28, 2012  

ABA Journal

DOJ: $2.4 Million to Help Improve Indigent Defense ("U.S. Attorney General Eric Holder has announced two new Justice Department programs aimed at helping to bolster indigent defense services at the state and local levels....Holder praised the efforts of the ABA (PDF) and other groups, including the National Association of Criminal Defense Lawyers, to improve indigent services.")


Law.com/New York Law Journal


Lawyer Whose Brother Stole From Firm Is Suspended for 2 Years ("A Long Island, N.Y., lawyer's failure to show 'appropriate vigilance over his firm's bank account' has brought a two-year suspension four years after the attorney's brother was convicted for embezzling more than $4 million in client funds while working as the firm's bookkeeper.")


Blog of the Legal Times

Sidley Austin Client Suing D.C. Police in Fatal Shooting of Dog ("On June 15, 2010, Marietta Robinson claims Metropolitan Police Department officers shot and killed her dog, Wrinkles, without cause during a search of her home in northwest Washington. In a lawsuit (PDF) filed Friday in U.S. District Court for the District of Columbia, Robinson is suing the city and the officers allegedly involved for more than $1.5 million. She's being represented by a pro bono team from the Washington office of Sidley Austin.")


ABA Journal

Embattled DA Tells Judge in Ouster Hearing She Did Nothing Wrong ("A suspended North Carolina prosecutor accused of withholding exculpatory evidence from defendants and misrepresenting facts in pleadings and during court arguments took the stand in her own defense Friday at a special inquiry ouster hearing. In her testimony, Durham District Attorney Tracey Cline, under questioning from her lawyer, reargued cases concerning a judge she has harshly criticized in the past, resulting in attorney complaints against the DA that led to the special inquiry. It is only the second time in state history that such a proceeding has been held, reports the Associated Press.")

Greedy Gordon Gekko Stars in FBI Public Service Ad, Urges Viewers to Tip Feds re Insider Trading ("In the FBI-produced video, which opens with a movie scene, Douglas urges viewers to inform themselves about insider trading and tip the feds, ABC News reports.")

Artist Held in Contempt for Lying, Now Admits Basing Iconic Poster of Barack Obama on AP Photo ("He pleaded guilty to a misdemeanor count of criminal contempt in a Friday hearing in federal court in Manhattan, admitting that he had lied and concealed evidence about the true source of the image he used in the poster, Reuters reports.")

Former Top Drug Prosecutor Gets 9 Months in Crack Case; Judge Calls Prior Probation Deal ‘Offensive’ ("Once the top drug prosecutor in Clark County, Nev., a former deputy district attorney has been sentenced to serve nine months in a felony cocaine-possession case after allegedly buying a $40 rock of crack cocaine in a neighborhood near the Las Vegas Strip last year. David Schubert apologized and was scolded by the judge, who called him a 'disgrace' and said an earlier plea deal that would have given Schubert probation and a chance to expunge his record 'offensive,' according to the Associated Press and Fox 5 News.")

Justice Thomas Is More Conservative Than 97 Percent of the Population, Researchers Say ("The U.S. Supreme Court “is quite representative of mass opinion,” though some justices are outside the mainstream, according to two professors who surveyed the public on recent decisions. According to the professors, Justice Clarence Thomas is more conservative than 97 percent of the population and 93 percent of Republicans. Justice Antonin Scalia is more conservative than 89 percent of Americans and 77 percent of Republicans. The Washington Post reports on the results.")


Wall Street Journal (sub. req'd.)

Show Trial: Puppets Act Out Corruption Case -- Ohio TV Station Goes Low-Tech to Cover Big Story ("...Mr. Maynard's puppets—including a bucktoothed squirrel, a lime-green lawyer and an obese man with a removable beard—aren't putting on a show for kids or some offbeat comedy revue. They are covering one of the biggest corruption trials in Ohio history—delivering their reports of real testimony and wiretapped conversations from a yearslong investigation of Jimmy Dimora, the Democratic kingpin accused of racketeering by prosecutors in federal court in Akron.")


New York Times

A Fresh Blot on Murdoch’s Sun ("A top investigator said Rupert Murdoch’s Sun newspaper had paid British officials large sums for information.")

School Shooting in Ohio Leaves 1 Dead and 4 Wounded ("A teenager opened fire on a group of students in a high school cafeteria outside Cleveland around breakfast time on Monday, leaving one student dead and four others wounded, the authorities said.")

Gotham: Police Monitoring and a Climate of Fear ("Last week, The Associated Press broke the news that the Intelligence Division of the New York police had extended its writ hundreds of square miles east and west, carefully detailing mosques, dollar stores and restaurants, from Konak’s Turkish Cuisine in Farmingville, on Long Island, to this luncheonette on the western edge of Newark. They carefully recorded names, license plates and nationalities. Another Associated Press report found that undercover city officers kept a close eye on Muslim students at Yale, Columbia, Syracuse, Rutgers, New York University, Brooklyn College and public state universities.")

Kelly Defends Surveillance of Muslims ("Police Commissioner Raymond W. Kelly defended the New York Police Department’s counterterrorism program on Monday, saying 'people have short memories as to what happened here in 2001.'")

Britain: Nigerian Ex-Governor Guilty of Money Laundering ("A former Nigerian governor pleaded guilty in a British court on Monday to laundering millions of dollars through British channels.")
Germany: Nazi Hunter Chosen as Presidential Candidate ("Beate Klarsfeld, who spent decades fighting fascism and rooting out former Nazis with her husband, will run for president against a former East German rights activist.")

President of Ecuador to Pardon Four in Libel Case ("Declaring victory over what he called a 'media dictatorship,' President Rafael Correa of Ecuador said Monday that he would pardon three newspaper executives and a columnist who were sentenced to three years in prison in a libel case.")

Spanish Judge Is Acquitted of Abusing His Authority (" Baltasar Garzón, a crusading human rights judge who was convicted this month of illegally ordering a wiretap in a corruption case, was cleared on Monday by the Spanish Supreme Court in a separate case of having abused his powers by investigating atrocities committed during the Spanish Civil War and the ensuing dictatorship of Francisco Franco.")

Colorado: Legalization of Marijuana Makes the Ballot ("A voter initiative that would legalize the possession of marijuana by adults for recreational use qualified for the November ballot on Monday, state officials said.")

Editorial: Justice for Upper Big Branch ("The filing of criminal conspiracy charges against a top-ranking mine superintendent at the Upper Big Branch mine in West Virginia, where 29 miners died, is a major step forward.")

In Rutgers Case, Testimony About Text Message Exchange ("A day after Tyler Clementi disappeared, the only physical trace of his whereabouts a wallet he left behind on the George Washington Bridge, Dharun Ravi, his Rutgers University roommate, sent a series of text messages to a friend, Molly Wei.")

City Room: London Jeweler Battles to Recover Stolen Diamonds ("'It is not every day that people use a Bentley to arrive at a premises they intend to rob,' Detective Sgt. Sarah Staff of the London police said at the time. 'I am sure there will be people who were in the street and saw this car pull up.'")

A Close Call for an Officer in a Gunfight ("A police officer narrowly averted a potentially life-threatening wound early Monday in a gunfight that spanned several blocks across the Lower East Side, the police said.")

Three Former Officers Plead Guilty in Gun-Smuggling Case ("Three former New York City police officers pleaded guilty on Monday to taking part in a scheme to illegally transport firearms across state lines, the authorities said.")

DealBook: F.B.I. Enlists Michael Douglas’s Help ("Gordon Gekko is cooperating with the F.B.I. No, there’s not another big-budget Oliver Stone follow-up to “Wall Street” in the works. Instead, Michael Douglas, who played the financier in the 1987 movie and the sequel, is now starring in a straight-to-television video for the Federal Bureau of Investigation meant to root out insider trading — the same crime that brought down the high-flying Mr. Gekko.")

Former S.E.C. Lawyer Agrees to Pay $556,000 to Settle Madoff-Related Claims ("The family of a former top lawyer for the Securities and Exchange Commission, David M. Becker, agreed to pay about $556,000 to settle claims over inherited money linked to Bernard L. Madoff’s Ponzi scheme.")


Washington Post

64 men found dead in Syria ("Syrian activists: 64 bodies found near Homs in one of the worst mass killings")

Student declared brain dead in Ohio school shooting that killed one other ("Three other victims remain hospitalized after witnesses say gunman targeted certain students.")

NSA thwarted in cybersecurity initiative ("The National Security Agency has pushed repeatedly over the past year to expand its role in protecting private-sector computer networks from cyberattacks but has been rebuffed by the White House, largely because of privacy concerns, according to administration officials and internal documents.")

Russians skeptical of threat to Putin's life

Gulf War sailor who called suicide line offered counseling to avoid charges ("Case outraged veterans groups, who said government should not prosecute those seeking help.")

Suspect used nuclear threat to rob Prince George’s banks, police say ("Authorities believe he has robbed at least four banks in the county since late December.")

E.U. warns Google privacy policy may violate laws


NPR


 
Violence Exposes Crisis In Latin American Prisons ("A series of fatal riots inside Mexican prisons last week and a deadly blaze at a penitentiary in Honduras are prompting calls for major penal reform in Central America. Violence at three different penitentiaries in Mexico last week left 48 inmates dead, while the inferno in Honduras earlier this month killed 360 prisoners. These deadly events underscore the problems of corruption, overcrowding, prison gangs and crumbling infrastructure that prisons face throughout the region.")
Human Rights Victims Seek Remedy At High Court ("Human rights are front and center at the U.S. Supreme Court on Tuesday in two cases testing how American law intersects with international law. At issue in both cases is whether foreign nationals in the United States can sue corporations or other entities in U.S. courts for alleged violations of human rights. The case that has corporate teeth chattering is a lawsuit against Royal Dutch Shell Oil, which is accused of aiding and abetting the Nigerian government in committing atrocities in the 1990s.")
2nd Murdoch Tabloid Focus Of Bribery Scandal ("The senior police official investigating wrongdoing by journalists in London says there was a culture of illegal payments at the Sun tabloid to create a network of paid informants across the British government. The Sun is the second tabloid owned by Rupert Murdoch's News Corp to be the focus of wrongdoing.")

Google To Ramp Up Online Tracking ("Privacy protections on Internet browsers are anything but ironclad. Companies circumvent them routinely. Most people know they are being observed online but figuring out how is complicated.")


Politico

ACLU, CAIR call for probe into W.H. funding for Muslim surveillance ("The American Civil Liberties Union and the Council on American-Islamic Relations are separately calling for investigations into White House funding of a domestic spying program launched by the New York Police Department against Muslim-Americans. The AP reported Monday that White House funds managed by the High Intensity Drug Trafficking Area (HIDTA) program went to buy equipment and vehicles for a domestic surveillance program designed to infiltrate Muslim groups.")

Senate may try House STOCK bill ("Reid will discuss the next steps on the popular measure with his Democratic colleagues this week.")

Report: Assange indicted in U.S. ("A top official at the private research service Stratfor told colleagues via e-mail last year that WikiLeaks founder Julian Assange was the subject of a sealed indictment by the U.S. Government, the Sydney Morning Herald reported.")


The Hill

 Bill to put cameras in Supreme Court won’t pass before healthcare challenge 


 Threatening mailings containing suspicious powder hit Capitol Hill


The Atlantic
Another Death Row Debacle: The Case Against Thomas Arthur ("In Alabama, a death row prisoner could be exonerated by a DNA test. Why are the courts preventing this from happening -- especially when another man has already confessed to the crime?")


Reuters
Judge rules Philadelphia cleric's cover-up trial must go on ("A judge on Monday refused to dismiss charges against the highest ranking cleric in the Archdiocese of Philadelphia pedophilia scandal, saying dramatic new evidence from the church's 'secret archives' was not enough to derail the trial.")


Miami Herald
 Guantánamo plea deal unveils new trial strategy ("The plea bargain arranged with a former U.S. resident now detained on terror-related charges emulates tactics federal prosecutors have used with high-profile criminal cases.")


Atlanta Journal-Constitution

Sweeping criminal justice changes proposed ("State legislative leaders on Monday proposed sweeping changes to criminal justice in Georgia, including a plan to reduce prison terms for some offenders and divert others into treatment rather than locking them up.")


Philadelphia Inquirer


U.S.: No control of how NYPD uses funds ("The city's police chief was unapologetic about putting Muslims under surveillance.")


San Francisco Chronicle

High Court Won't Hear Death Row Inmate's Evidence of Innocence ("The U.S. Supreme Court [yesterday] refused to consider stopping the execution of Larry Ray Swearingen, a Texas death row inmate who says newly uncovered evidence proves his innocence. Swearingen's lawyers had asked the high court to decide for the first time whether executing an innocent person constitutes cruel and unusual punishment under the Constitution.") 


Chicago Tribune

Stanford defense rests without calling Stanford ("Texas financier Allen Stanford's attorneys wound up their defense in his criminal fraud trial on Monday without calling Stanford himself to the stand, ending suspense over whether he would testify.") 

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