All of my feeds

Judge Hudson who will sentence Vick on December 10th ordered Vick confined to his Virginia home between 10:00 pm and 6:00 am with an electronic monitoring device. Vick will also be required to undergo random drug tests.

If Vick fails another drug test he will likely end up in jail like his co-defendant Quanis Phillips who has been incarcerated since his August 17 plea hearing.

Phillips failed a drug test when he had the electronic monitoring and drug testing requirements.

Judge Hudson can take the violation of conditions of release into consideration when he sentences Vick. Vick faces up to five years in federal prison on the charges on which he is awaiting sentencing.

If this were not enough problems for Vick, the Commonwealth of Virginia has filed state charges on Vick that mirror the presently pending federal matter.

Jurors accepted the prosecutions theory that Jeffs advice to the 14 year old church member to obey her husband and submit to his requests amounted to accomplice behavior.

The accuser, Elissa Wall testified that Jeffs told her she must marry her 19 year old first cousin, Allen Steed whom she disliked. To defy Jeffs meant darkness and virtual excommunication from the church.

A few weeks later according to her account, Steed said it was time “to be a wife and do your duty.”

After they consummated the marriage he fell asleep, she swallowed two bottles of pain pills.

On Wednesday, prosecutors filed rape charges against Steed a day after Jeffs’ conviction.

Judge Larry Paul Fidler declared a mistrial and scheduled the case to return next Wednesday for re-setting.

The case will be tried again. There is no way that the prosecution would dismiss a case that receive 10 votes for guilty.

When the case is retried the prosecution will most likely do two things differently … they will widen the latitude of their theory to include scenarios much like those the judge described in his modified instruction given after the initial 7-5 deadlock was announced… and, the prosecution will almost assuredly ask for lesser included instructions to increase the probability of a final conviction.

The defense on the other hand will continue to emphasis the crime scene evidence and perhaps modify their witness list to include some additional forensics experts and to exclude some of the witnesses that made a poor impression on the observing public.

The next trial can be expected to commence no sooner than a year from now.

One the CHP officer approached Sutherland he detected an odor of alcohol and determined that Sutherland may be driving under the influence.

After the officer had Sutherland perform certain field sobriety tests the officer determined he had probable cause to arrest Sutherland for driving under the influence.

A breath test showed Sutherland exceeded the state’s .08 B.A.C.

Because Sutherland has a prior DUI in November 2004, this case could result in up to one year in jail and up to a $1,000 fine.

The Los Angeles City Attorney will file charges and then Sutherland will have to decide if he will enter a plea or dispute the charges.

The prosecutor argued that the only reason the teenager had sex with her cousin is because her “prophet” Jeffs commanded her to do so.

Jeffs’ defense lawyer argued that the accuser is far from a victim and is really pursuing this case so that she can file an eventual civil lawsuit and get a large monetary return.

Jeffs’ faces five years to life in prison on two counts of rape as an accomplice.

The accuser’s ex-husband Allen Steed testified in the trial that his religion did not condone the use of force and that his ex-wife, in fact, initiated their first sexual encounter.

“They prosecuted Warren Jeffs for rape because he is the leader of a religious group that the state does not approve of” his defense lawyer stated in the closing arguments.

Unfortunately for Rather, he publicly took personal responsibility for the inaccuracies and it was widely reported at the time that he firmly believed in the truth of the story and was not interested in researching the story any further.

CBS commissioned an independent panel to determine the source of the story’s problems. The panel concluded that the story was neither fair or accurate. As a result CBS fired the story’s producer, asked for resignation of three executives and eventually accepted Rather’s resignation in the aftermath.

Legal experts don’t give Mr. Rather a high probability of success in this lawsuit.

Of course this new view of the jury instructions only developed after the jury announced that they were deadlocked 7-5.

Judge Fidler originally contemplated adding a lesser included manslaughter instruction but ultimately decided against doing so. Instead the judge crafted his own new instruction to replace the pin-point instruction in Defense Special Instruction #3.

The new instruction gives examples of how Spector may be found guilty of 2nd degree murder without the jury finding the prosecution’s version of the case to be true.

Most legal experts this modification of instructions is disastrous if deliberations result in a conviction.

Whether it is a mistrial or a reversal on appeal, the Phil Spector trial will most likely take all over again.

Superior Court Judge, Scott Gordon found that “Based on the evidence presented the court finds that there is a habitual frequent and continuance use of controlled substances and alcohol.”

The judge also ordered Spears to meet eight hours per week with a “parenting coach.” The coach will observe and report back to the court about her parenting skills.

Both Britney and Kevin Federline have been ordered not to make any derogatory remarks about each other in front of the children.

If her custody battle was not difficult enough, on Friday, September 21st the L.A. City Attorney charged Britney with hit and run. She could face up to six-months in jail and up to a $1,000 fine.

The hit and run victim Kim Robard-Rifkin, told police all she wanted was for her car to be fixed.

One additional problematic development for Britney, her management firm recently dropped her after her performance at the MTV Video Awards.

More to come.

This time they got OJ on armed robbery, kidnapping, coercion, cohesion, corrosion, and never finding the real killer. If he is convicted he could spend the rest of his life in prison…something he should have been going for the last 12 years, but now he’s free on bail and working on his next book, If I Stole It.

But I digress.

The fact of the matter is that OJ is back in the news and he will stay in the news until his trial, and then he will become his own reality show called, Who Wants A Piece Of Me.

Speaking of TV, I have discovered a rather disturbing fact this week that I wish to share with the American public for the first time. Last week, we all saw the latest video tape of Osama Bin Laden, making his predictions for the college football season…or whatever the hell he said. Who knows for sure? Then, today, I saw a just released video of Fidel Castro, whom we have not heard a word out of for quite some time. And I couldn’t understand what he said either.

And then, it struck me like a slap in the face with a wet mackerel. Osama bin Laden and Fidel Castro are the same guy. Look at them side by side; slap a turban on Castro and trim up Bin Laden’s beard; and you’ve got twins. The two biggest pains in our collective rear ends are the same guy and we only see him on video tape. I am seeing a wag the dog symptom at work here.

If Bin Laden and Castro are the same guy, who else is in on the scam? What about that guy from the Home Improvement? The next door neighbor who never revealed his mug to the public? Or, maybe, just maybe, OJ is behind this whole thing and for that reason alone he should be locked away with Robert Blake, but once again, I digress.

The main thing I want to tell you John is that I am worried. I am worried about the state of the economy and the simple observation that we don’t even realize that we have all been placed in a handbasket and that we are heading to a place even hotter than the desert.

The stock market is a mess. It’s up and down more often than Paris Hilton’s party dress, and one of these days, it’s going to break all together.

And the poor kids, nowadays, they have it rougher than anybody. You give the child a toy to play with today, and tomorrow you find out that the Chinese painted it with lead and you have to take it away and give the child a different toy…from China…and the dilemma repeats.

And on top of all of this, the mortgage market is collapsing because the lenders thought that just because you didn’t make much money was no reason not to give you a $500,000 loan. What were they thinking? That everybody they loaned money to was either going to become a CEO or win the big bucks on Deal or No deal?

It’s basic economics as espoused by the late great William Shakespeare, who although he used a lot of clichés, hit the nail on the head when he said “Neither a borrower nor a sub-prime lender be.”

But most of all John, I am worried about the future…the future of our greatest natural resource…celebrities. Our celebs are dropping like flies with Nicole Richie preggers, Britney Spaniel going to jail, Lindsay Lohan and Owen Wilson sharing a spike together. Before you know it, we will be completely out of young vivacious stars and starlets and then…out of the ashes….will arise the spawn of Satan, otherwise known as Michael Jackson’s children.

Mark my words, but when all of our celebrities are either dead or in rehab, Prince, and Paris, and Blanket will burst onto the scene with their grossly misshapen and disfigured old man to take the celeb world by storm.

And speaking of the King of Poop, did you ever notice that all of his facial features are interchangeable…like a Mr. Potato Head. He can change noses, ears, and beards at will. That’s right, I said beards, just like Osama Bin Laden and Fidel Castro wear. In fact, who’s to say that the videos we have been seeing of Ossie and Fidel haven’t been produced by somebody else altogether, somebody who has a lot of money, and video production knowledge, and lives overseas, and has a chip on his shoulder the size of Bubbles the monkey.

That’s right my friends, the perpetrator of fear in this country is none other that Michael Jackson…who you will notice, is never seen in the same picture as OJ Simpson and has been known, on occasion, to only wear one glove. Ladies and gentlemen of the jury, I rest my case and trust that you will take this conspiracy case for what it is, the ranting of the last angry lawyer.

That’s all from me for now. Lubitsch over and Lubitsch out.

Lisa Beth Thomas of South Lake Tahoe recently pleaded guilty to Nevada DUI. As it was her third drunk driving conviction she would have been sentenced to a minimum of one year in prison. Due to a new law passed in July, however, Thomas was given the option of seeking help with her alcohol dependence instead of being incarcerated.

Under the new legislation Thomas, 45, had her sentence deferred for five years while she demonstrates compliance with conditions for her probation. She agreed to enter substance abuse treatment for five years and six months of house arrest. She is also subject to random searches for drugs and alcohol and she must install an ignition interlock device in all vehicles she operates. Thomas is responsible for paying for the probation conditions and any violation could land her in prison.

The law allows prosecutors to question a defendant’s entrance to the special program. In Thomas’ case the district attorney’s office agreed to the treatment. Thomas has said she is grateful for the opportunity.

Memory lapse in New Mexico – When police pulled over Jesus Ruiz for driving a pickup truck with expired plates and suspicion of drunk driving he tried to beat the rap by giving them a fake name. Unfortunately Ruiz, 55, could not remember how to spell ‘Rodriguez.’ He got as far as ‘Jaim Rodrige-‘ and couldn’t finish the rest of the name. He was charged with his fourth New Mexico DWI.

Bragging to the wrong person in Florida – On his way to a convenience store for beer, Thomas Jerry Hoffmann, 22, cut in and out of traffic on a yellow Yamaha all-terrain vehicle at 70-75 miles an hour on a road with a speed limit of 45. When approached at the cash register about his actions, Hoffman became belligerent and claimed to know ‘all kinds of lawmen in east Hillsborough County’. Unfortunately for him the person asking questions was a local sheriff who had witnessed Hoffman’s ride from an unmarked police car. Hoffman was charged with Florida DUI and resisting arrest.

Just ‘drunk’ not ‘drunk drunk’ in Florida – Charlette A. Wesley, 50, was stopped in Fort Pierce for driving suspiciously after police witnessed her sitting at a blinking red light with her head below the dashboard. When questioned about drinking she said she wasn’t ‘drunk drunk’ just slightly drunk. While being arrested, the West Palm Beach woman expressed concern about her purse in her vehicle. A police search revealed marijuana and a brass pipe. Wesley was charged with Florida DUI and possession of less than 20 grams of marijuana.

$125,000 bail can be posted by cash or the use of a bail bondsman. If cash is posted the court has the right to inquire into the source of the cash. Most likely Simpson would have a friend put up the cash.

If a bond is posted (this appears to be what is happening in the case) the bail bondsman involved would want $125,000 of collateral and a 10% premium or $12,500. The $12,500 would most likely come from a Simpson friend or supporter.

Simpson could use his house for collateral and contrary to commentaries of uninformed analysts his house in Florida would not be subject to the Goldman/Brown civil judgment.

Simpson’s release does not restrict him to the state of Nevada, although the court ordered his passport surrendered to his attorney so Simpson would have to stay on the continental United States.

Simpson was also ordered as a condition of his release that he not make any contact of any kind with the alleged victims in the case.

No electronic monitoring device on Simpson will be required by the court.

The Simpson preliminary hearing is presently set for mid-October.

Given the complexities of the case it is most likely that the date will be continued well into the future.

A preliminary hearing is a probable cause hearing to determine if there is sufficient evidence to go forward on a felony jury trial.

Once a preliminary hearing has been completed, assuming there is sufficient evidence to support probable cause of the charges, a trial date will be set.

Jury trial is expected to be one or two years away.

In assembling a trial team on this matter it appears that Simpson’s present attorney, Yale Gallanter will be the lead counsel. Additional members of the defense team will most likely include a local Las Vegas criminal lawyer, a research lawyer, a seasoned criminal investigator, and a litigation consultant.

Defense team costs range between $500,000 and $2,000,000.

Simpson can argue that he was engaging in a legal recapture of personal property. In order for this defense to be proven Simpson must show that he had a good faith belief the property he went to acquire was his.

For this defense to be complete Simpson must additionally show that he did not know that members of his “Posse” were carrying weapons or intended to use weapons.

The audiotape of the confrontation may show that persons other than Simpson wielded the weapons and ordered the alleged victims to stand up against the wall.

Simpson’s defense must argue that he did not expect things to go as far as they did. He only went there to retrieve property that was rightfully his.

Simpson can also argue that the alleged victims’ versions of the facts are not reliable because of their previous criminal records.

There may also be an issue of a “set up” by witness Tom Riccio.

Law enforcement agencies and local officials in Wyoming are observing the twenty-fifth year of the REDDI program, designed to reduce drunk driving and alcohol related fatalities. Initiated by the Wyoming State Patrol, ‘Report Every Drunk Driver Immediately’ asks people to contact police about suspicious driving.

Since its inception, 173,400 calls have been received which has lead to 15,700 Wyoming DUI arrests. State patrol commander Col. Sam D. Powell says, “If we’ve arrested this many offenders on the highway, undoubtedly lives have been saved.” Phone calls to local police and the state patrol are radioed to officers on patrol. The public is asked to provide as much information as possible, including license plate number and description of the suspicious vehicle. If the vehicle is located by police, the driver’s behavior is monitored for probable cause for a traffic stop.

Currently the REDDI program generates about 600 to 700 calls a month and 50 to 60 drunk drivers are arrested.

No allegations of actual physical violence have been made.

Federal involvement is not anticipated.

Simpson is not alleged to have personally used a weapon so the weapon charges that are related to him are based on vicarious liability.

Simpson claims he was there to recapture his own personal property in the form of sports memorabilia.  If this can be proven to be true he may have a defense.

It is alleged, however, that other property not belonging to OJ Simpson was taken by one of Simpson’s “Posse”.

Simpson will be held in the Clark County Detention Center until a video arraignment tomorrow morning.

The Detention Center personnel will make an assessment based on the charges to determine an appropriate bail.

If bail has not been set by detention personnel before tomorrow’s arraignment the question of bail will be taken up by the Judge.

Simpson like any citizen has the right to a reasonable bail based on the charges brought against him.

The court has the right to inquire of any source of any cash or collateral used for Simpson’s bail.

If Simpson were to use his Florida home for collateral such use would not expose his home to the Goldman/Brown judgment.

The real questions posed in this case are:

• Did Simpson have a good faith belief that he was going to retrieve or recapture his own personal property?
• Did Simpson know that some members of his “Posse” were armed with weapons?
• Did Simpson encourage or participate in the taking of the property he knew was not his own?
• What is a reasonable bail given the facts of this case and given Simpson’s personal history?
• Can OJ Simpson get a fair trial on these charges in Nevada or anywhere else in America?

Former Texas Longhorn quarterback Peter Gardere was arrested in central Austin for driving while intoxicated. Gardere was stopped by Austin Police at 17th Street and Lavaca for running a traffic light around 2:00 am Thursday. Officers detected a strong odor of alcohol and Gardere failed a field sobriety test. He was booked at Travis County Jail for Texas DWI and released around 6:00 am.

Gardere was starting quarterback for The University of Texas from 1989 to 1992, and he accumulated a 25-16 record. He earned the nickname ‘Peter the Great’ after leading the Longhorns to four straight wins over arch-rival Oklahoma.

Gardere had a short pro football career, being cut by the Seattle Seahawks and later by the New Orleans Saints. He briefly played in the Canadian Football League as a punter. Gardere currently works in commercial real estate for Stratus Properties Inc. in Austin.

(via DWI Attorney Directory of Qualified DWI Lawyers | DWI.com - DWI Blog - DWI.com)

Oil trail leads to arrest in Washington – Kennewick police were alerted to a car crashing into a light pole around 2:00 in the morning and then fleeing the scene. They found a trail of oil, which they followed several blocks until they found Paul A. Kuhns. Kuhns, 32, was arrested for DUI and hit and run.

Obviously missing something in South Carolina – Alexander Ocampo was charged with South Carolina DUI and leaving the scene of an accident. It seems the 27-year old briefly lost control of his car in Hilton Head Island and continued on despite the fact that his passenger had been ejected through an open window.

Bringing it to the house in Pennsylvania – Kenneth Ring, of Pleasant Gap, crashed his Jeep Cherokee into the rear entrance of the Centre County Courthouse. After registering a BAC of .20%, Ring was charged with his third Pennsylvania DUI. The county hopes to be able recoup the cost of damages.

I hear you knocking in New York – Police tried to stop Duane Miller, 43, of Fine, when he was seen speeding with only one headlight. Miller led them on a 15 mile chase before stopping. He then locked the doors of his pickup and refused to cooperate with police. Eventually he did come out and was charged with felony New York DWI, unlawful fleeing a police officer and resisting arrest.

It has been learned that former ‘General Hospital’ soap opera actor Sean Kanan was arrested in Los Angeles for California DUI. The 40-year old actor was stopped last month around 3:45 in the morning. Kanan received two misdemeanor charges of driving under the influence and having a blood alcohol content above the legal limit of .08%. This is his second DUI offense, as he was convicted of drunk driving in 1998.

This news comes on the heels of an announcement that current ‘General Hospital’ star Kirsten Storms was booked for DUI last week.

Kanan was a member of ‘General Hospital’ in the 1990’s. He also performed on ‘The Bold and the Beautiful’ and played Ralph Macchio’s nemesis in ‘Karate Kid III’.

_____
tags: California DUI |  DUI |  DUI offense |  blood alcohol content |  driving under the influence |  drunk driving (via DUI - DUI Attorneys and Lawyers, DUI Information | DUILaws.com - DUI Blog)

On September 1, 2007 Senator Craig announced his intention to resign from the U.S. Senate.

During this last week Craig has received advice and counsel from Senate Judiciary Committee Member Senator Arlen Spector suggesting that Craig withdraw his guilty plea and fight the case.

Craig’s representatives have now announced that Craig may choose to fight the case in the Minnesota Courts, to vigorously defend himself in a Senate Ethics Committee Hearing, and to clear his name so that he can run again for the Senate. To this end he has hired well known Washington DC lawyer Billy Martin, (yes, Michael Vick’s lawyer).

Fat chance he will be able to withdraw his guilty plea. If a member of the U.S. Senate does not understand what it means to plead guilty and waive his constitutional rights, then how can we expect any guilty plea in the country in any court to withstand a request for withdrawal?

If somehow, Craig’s plea gets withdrawn, the initial charges of soliciting sex would be reinstated and litigation would be an embarrassing mess not only for Craig but also for the Republican Party.

_____
tags: Larry Craig (via - Dolan’s Daily Blog)

Actress Kirsten Storms was arrested in L.A. for DUI - Posted at LawTalkLA.com 9/12/2007

Actress Kirsten Storms, 23, was arrested September 7, 2007 at 3:27 a.m. for suspicion of drunk driving (driving under the influence).  A California Highway Patrol officer stopped Storm because she threw a lit cigarette from her car.  Officers noticed an oder of alcohol from Storms car at the time of the stop.  Several sobriety tests were given to Storm.  Storms next scheduled court date is October 2, 2007 in Van Nuys Municipal Court, Division 103 according to the Sheriffs Department.

During the traffic stop, California Highway Patrol officers detected an odor of alcohol. Storms reportedly failed field sobriety tests and she was arrested for DUI. She was released on $5,000 bail several hours later.

Storms is the voice of Bonnie Rockwaller on the animated Disney series ‘Kim Possible’, and she plays Maxie Jones on ‘General Hospital’. She previously appeared on the soap ‘Days of Our Lives’ and has made guest appearances on 7th Heaven, The Rockford Files, That’s So Raven and CSI: Miami.

During a driver’s license suspension appeal, a New Hampshire DWI attorney raised a unique defensive tool for his client - burping.

Frederick Cronin was arrested by state police for suspicion of drunk driving. He was taken to a local police department where a breath test was to be conducted. Just before the test was to be administered however, Cronin burped. According to administrative rules, police officers are required to wait 20 minutes if the suspect vomits, regurgitates or belches.

After waiting the requisite time, the test was conducted. Police needed to take a required second breath sample but Cronin burped again. Police described it as a ‘dry burp’ and were uncertain whether to proceed. After discussing the issue, the police elected to take another breath sample immediately.

At a hearing before the state Department of Motor Vehicles, Cronin’s attorney argued that the rules regarding the administration of a breath test after a driver burps had not been followed and that the sample was compromised. There is no comment from any involved parties and a decision in this case has not yet been rendered.

Jodirae B. Brown of Cortland, Ohio had her DUI conviction overturned by the 11th District Court of Appeals. The reason cited was a lack of sufficient evidence to warrant the traffic stop that lead to the arrest.

Brown was charged with drunk driving three years ago by a Liberty police officer for allegedly driving ‘somewhat erratic’. The officer said he stopped Ms. Brown around 2:00 am for a marked lane violation, though in cross-examination at a suppression hearing held in Girard Municipal Court he admitted that Brown had stayed entirely in her lane.

The court ruling stated, “In this case, the record does not reveal any [indication] of erratic driving behind some modest weaving by Mrs. Brown in her own lane of traffic.” The Ohio DUI charge against Brown was ordered returned to the Municipal Court so they can proceed in line with the Appeals Court ruling.