Recent Posts in Criminal Category

sltrib.com
Former Utah Senate Majority Leader Sheldon Killpack -- arrested in January for allegedly DUI and failing to signal -- apparently plans to challenge the legality of the traffic stop in court.

On Monday, before Salt Lake County Justice Court Judge Shauna Graves-Robinson, Killpack's attorney, Ed Brass, said he plans to file a motion "with respect to the stop."

DUI Attorneys will argue the motion before the judge on May 25.

After the hearing, Brass declined to answer questions regrading the motion. But in court documents challenging the suspension of Killpack's driver license, Brass claims Utah Highway Patrol troopers "lacked reasonable grounds to request" a blood test from Killpack.

The blood test showed Killpack's blood-alcohol content measured 0.11, which is above Utah's legal limit of 0.08, according to charging documents.

Killpack gave a similar argument in a 3rd District Court petition to have his driver license reinstated after the state Driver License Division suspended it until August 2011.

Killpack was stopped on suspicion of DUI at 12:17 a.m. on Jan. 15, after a UHP trooper observed his vehicle making an erratic driving pattern near 3300 South and 700 East, charging documents state.

Killpack failed field sobriety tests, then refused to take a Breathalyzer test. Officers then obtained a warrant for the blood draw.

Killpack, 41, and Mark Walker, a lobbyist and former state representative,

Killpack resigned his office as Senate majority leader the next day. He was charged on Feb. 2 with DUI, a class B misdemeanor, and failure to signal, a class C misdemeanor. He has entered not guilty pleas to both charges.

Utah law states that someone suspected of driving under the influence of drugs or alcohol may have his or her license revoked for refusing to submit to chemical tests.

In addition to the 18-month driver license suspension, Killpack must have an ignition interlock device installed on his car for three years, and will be an alcohol-restricted driver for five years, meaning he may not consume even a drop of alcohol and drive.

Killpack's attorneys responded by filing a petition in 3rd District Court seeking to overturn the suspension. A scheduling hearing in that case is set for April 21 before Judge John Paul Kennedy.

Meanwhile, a May 3 scheduling hearing has been set concerning release of the UHP trooper's dash-cam video of Killpack's arrest.

In February, the state Records Committee sided with The Tribune and other news outlets and ordered the video released. But the Utah Department of Public Safety responded by filing a lawsuit in 3rd District Court claiming releasing the video would deprive Killpack of a fair CRIMINAL trial. The suit also claims there is no overriding public interest in disclosing the video at this time.

philly.com
Calling witness intimidation "a gigantic problem" in Philadelphia, U.S. Sen. Arlen Specter said yesterday that he would support legislation to make it a federal crime when threats are made in cases prosecuted in local court.

When serious crimes go unpunished because of the loss of a witness, "that's a total breakdown of the rule of law, and it's appropriate for the federal government to come and help out," said Specter, who convened a Senate subcommittee hearing on the subject at the National Constitution Center.

Specter, a Pennsylvania Democrat who is up for reelection this year, called the hearing in response to a series of stories in The Inquirer that highlighted problems in the city's troubled courts.

Later yesterday, U.S. Rep. Joe Sestak, who is challenging Specter for the Senate nomination in the Democratic primary, held a competing community forum on the same issues.

Sestak read excerpts from The Inquirer series to the audience, and said the findings were disturbing and the problems systemic.

"No one is singularly at fault here. We all are," he said. "We have neglected our cities for far too long."

The Inquirer stories documented a criminal justice system in crisis, beset by the nation's lowest felony conviction rate, a massive number of fugitives, and an epidemic of witness intimidation.

At the two sessions, witnesses said problems in the city's criminal justice system were deep-rooted and severe - and would take the participation of many players to fix.

Robert Welsh, a criminal defense lawyer and former federal prosecutor, said defense lawyers, prosecutors and judges would have to find common ground as they searched for solutions, perhaps by changing laws or rules of criminal procedure.

"I assure you, everybody has the same thing to say about this, and that's 'the system is broken,' " he said.

John Goldkamp, a criminologist and professor at Temple University, said the issues highlighted by The Inquirer were "symptoms of dysfunction."

The newspaper reported that criminal cases routinely collapse because witnesses have been frightened or harmed.

Prosecutors, judges and criminal defense lawyers told the newspaper that witness recantations had become the norm in city courtrooms.

"If law enforcement breaks down because of some misguided notion of not being a snitch, something has to be done," Specter said.

He stopped just short of saying that he would introduce a bill to make intimidating witnesses in local court cases a federal crime, but endorsed the idea and said he would talk to his colleagues to line up support.

Specter said the prospect of federal charges would have a strong deterrent effect. He said it would trigger FBI investigations and trials in the tough federal system, where sentences are long and court delays few.

U.S. statutes can "federalize" a crime, provided that there is a link to interstate commerce in the wrongdoing. For example, federal prosecutors pursue bank robbers because banks are tied into the federal monetary system, or go after robbers of convenience stores stocked with goods trucked across state lines.

Federal law forbids the intimidation of witnesses in federal court proceedings and mandates tough punishment. Prosecutors may seek the death penalty for defendants convicted of killing federal witnesses.

Philadelphia Police Commissioner Charles H. Ramsey, who spoke at Specter's hearing, agreed that the federal hammer would hit hard.

"I think that would make a tremendous difference and make people think twice before they did it," he said.

Ramsey, like Specter, said criminals were fearful of being charged in federal court, where prosecutors have markedly higher conviction rates. Most cases, however, especially those involving acts of violence, are tried in the local courts.

Other witnesses at the Senate hearing included two people whose tragic stories were highlighted in The Inquirer series.

Ted Canada spoke of how his son, Lamar, 17, was shot to death in 2005, gunned down over a gambling debt. He detailed how one witness in the murder case was killed after he testified at a court hearing, and how another witness disavowed his earlier statement to police because he had been threatened.

In the streets, Canada said, "they have a phrase - snitches get stitches."

Barbara Clowden spoke of the death of her son, Eric Hayes, 16. He was killed in 2006, days before he was to testify as a witness in an attempted arson case.

In other testimony, a veteran criminal defense lawyer  criticized The Inquirer's articles, calling them "frightfully inflammatory."

Coard said the newspaper, in highlighting the collapse of a majority of violent-crime cases each year, failed to emphasize that defendants are presumed innocent.

He called witness intimidation a problem but said he did not consider it a crisis.

Ramsey disagreed and said police officers and prosecutors confront the problem every day.

"It's something that's very, very severe, in my opinion," he said.

The commissioner urged more funding for the city's witness relocation program, which relies on state money and has lost funding in recent years.

Specter said he would urge his colleagues in the Senate to funnel federal money to local programs to protect witnesses.

A measure to provide $30 million a year for five years overwhelmingly passed the House last year. It is pending in the Senate. Specter supports the measure. Sestak is a cosponsor.

Yesterday's hearing was the first public step in an examination of Philadelphia's criminal court system that Specter launched in response to The Inquirer series. He said his next focus would be the city's fugitive problem - 47,000 people are wanted on bench warrants for skipping court.

dnaindia.com
New Delhi: Faced with umpteen complaints of high and mighty and politically-powerful accused influencing prosecution, the Centre has finally amended the Code of Criminal Procedure (CrPC), enabling victims of crimes or their dependents to engage their own criminal lawyers for a fair trial.

The provision was introduced in CrPC in 2006, but the government did not think it necessary to notify it soon.

It’s now officially learnt that the amended CrPC will be applicable from January 1, 2010.

The amended criminal law recognises a “victim”, who had been a silent sufferer at the hands of tainted law-enforcement agencies on one hand and tardy dispensation on the other.

A  criminal lawyer will now be permitted to engage a lawyer to assist the prosecution as well as to file an appeal against unjust decisions by trial or high courts.

Amidst reports highlighting sexual escapades of certain top-ranking police officers, the government has given special attention to the charge of rape (section 376 IPC) in general and when the barbaric act is committed by cops, in particular.

Special arrangements have been made to deal with section 376, sections 376A (rape by police officer), 376B (a public servant taking advantage of his official position and raping a woman is custody), 376C (when the management or the staff of a jail is involved in rape) and 376D (the management or the staff of a hospital takes advantage of his official position and commits rape on duty).

Criminal Law ministry sources confirmed such cases would be tried by a woman judge, as far as possible. Suspects will be medically examined immediately after arrest and victims’ statements will be recorded in the presence of their parents or dependents at their residences, possibly by a woman police officer.

Statements or confessions will be audio or video-recorded. Witnesses’ statements will be recorded in the case diary so to that cops don’t tinker with them.

independentmail.com
WILLIAMSTON — Williamston Police Chief Richard Inman says the criminal investigation into the death of A’sha Rucker remains a full-time job for several investigators.

Rucker, a 17-year-old who was called “Queen Bee” by her friends and teachers, was found dead in Greenville County on Nov. 20 after disappearing from a Williamston community center parking lot Nov. 18.

“This is not a cold criminal investigation,” Inman said Thursday. “This case remains our top priority. Between the Williamston police department and the Greenville County Sheriff’s office there are six investigators actively pursing this case.”

Inman said forensic evidence is still being processed.

“There is a certain amount of evidence that SLED is processing along with Greenville County forensics,” he said “And we still haven’t been given an official cause of death from the coroner because toxicology is pending.”

Inman said criminal investigators continue to reach out to Rucker’s family “at least three of four times a week,” but he has received few calls from community members wanting to be updated.

“I received one e-mail from the parent of a student who knew A’sha wanting an update, but other than that, nothing.”

rocklintoday.com
The holiday season is upon us.  Plans are in place for parties, shopping and traveling to friends and family.  However, each year motorists will be in harm’s way thanks to the careless ones who will drink and drive this season.

The Roseville Police Department will join law enforcement across the state as part of California’s 18 Day Holiday DUI Crackdown Campaign with law enforcement agencies deploying 300 DUI/Drivers License Checkpoints statewide.  Funding for the special DUI enforcement campaign, December 16, 2009 through January 3, 2010 comes from a grant from the California Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration.

On the evening of December 18, the Roseville Police Department will conduct a sobriety and driver's license checkpoint at an undisclosed location with a history of DUI-related collisions and arrests. 

"The holidays should be a joyous time," Roseville Police Chief Mike Blair said.  "Please don't risk an embarassing and expensive arrest--or worse, a DUI tragedy. If you're planning to drink, designate a driver or call a sober friend for a safe ride home."

 In 2008, 11,773 people died in highway crashes involving a driver or motorcycle rider with a DUI (BAC) of .08 or higher.  In California 1,029 were killed on state and local roads driving with a .08 BAC or higher with another 28,457 injured in Alcohol Involved Collisions.

 "DUI is simply not worth the risk. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said Christopher J. Murphy, Director of the California Office of Traffic Safety.  “Violators often face jail time, the loss of their driver’s license, higher insurance rates, attorney fees, time away from work, and dozens of other expenses. So don’t take the chance. Remember, if you are over the limit, you are under arrest.”

 Law enforcement encourages everyone planning a family gathering over the holidays to first think about how your friends and family will get home after drinking during holiday celebrations.  Everyone is encouraged to “Report Drunk Drivers – Call 911” and be ready to describe the vehicle, its location and direction of travel to make your community safer into the New Year.  With everyone’s help, families won’t remember the holidays of 2009 as a time of loss at the hands of another drunk driver.

If you are a Criminal in Orange County, you need the help of an experienced Orange County Criminal Defense Attorney who specializes in the Orange County Criminal Courts. At Coffey and Coffey we Specialize in Orange County cases only. Because we deal Exclusively with Orange County Criminal Lawyer cases, we have a huge advantage over all other attorneys that practice in Orange County.

If you are a Criminal in Orange County, you need the help of an experienced Orange County Criminal Defense Attorney who specializes in the Orange County Criminal Courts. At Coffey and Coffey we Specialize in Orange County cases only. Because we deal Exclusively with Orange County Criminal Lawyer cases, we have a huge advantage over all other attorneys that practice in Orange County.