Archives : 2008 : November

President Bush Pardons Fourteen Convicted Felons

On Nov. 24, President George W. Bush issued pardons for 14 convicted felons and sentenced commutations for two other individuals. None of the more famous applicants were among this group, but there are two remaining months of the presidential administration in which their requests may be granted.

Garden-Variety Crimes, Including Drug Offense, Embezzlement

The individuals who received clemency had committed the following crimes:

• income tax evasion
• drug offenses—e.g., abetting the distribution of cocaine in one case
• embezzlement
• unauthorized use of a pesticide
• illegal treatment, storage and disposal of a hazardous waste without a permit
• misapplication of bank funds by a bank officer

The two sentence commutations (shortening) were for drug crimes.

Counterterrorism Participants Not Yet Granted Clemency

A question that has not been answered by these latest grants is whether President Bush will issue “blanket” pardons for all of the many administration officials and intelligence officers who participated in torture-related activities and counterterrorism programs such as the al Qaeda interrogations.

The only well-known recipient of President Bush’s clemency powers is I. Lewis “Scooter” Libby, the top aide to Vice President Dick Cheney, convicted of obstruction of justice and perjury in 2007. His sentence was commuted last year.

Other “celebrity” felons awaiting an answer to their pardon/commutation requests are:

• Olympic athlete Marion Jones
• The “American Taliban” John Walker Lindh
• Former congressman Randy “Duke” Cunningham

Relatively Few Pardons and Commutations So Far
To date, President Bush has granted eight sentence commutations and 171 pardons, which is less than half as many as those issued separately by two-term Presidents Clinton and Reagan. According to White House spokesman Carlton Carroll, President Bush “will continue to carefully review clemency requests and make determinations on a case-by-case basis.”

(Source: New York Times)

Do You Need Legal Help? If you’re interested in obtaining a presidential pardon or sentence commutation for yourself or a family member, contact us to speak with an experienced criminal defense attorney in your area.

Connecticut Student's Criminal Charges Settled

Christian Haughwout, a 14-year old freshman student, was charged with illegal possession of a weapon and a series of other crimes after converting a throwaway camera into a taser-like weapon and bringing it to school.

In April 2008, Christian was suspended from The Morgan School in Clinton, Connecticut and was officially charged with:

• Possession of a weapon on school property
• Attempted assault
• Disturbing the peace

Following Christian’s suspension, the Haughwout family challenged the School District’s actions in court and eventually worked out a deal that permitted Christian to return to the school.

Event Sparked National Debate

However, this was only the first battle the Haughwout family would face and overcome, as Christian’s taser has also sparked both a criminal and civil trial within the Connecticut courts. Similarly, Christian’s case has triggered a national debate over whether the school and police overreacted or handled the situation appropriately.

Criminal Charges against Christian

The three criminal indictments Christian faced have recently been settled by Kim Coleman, Christian’s defense lawyer, and the U.S. District Attorney.

Although Christian’s file is sealed (due to the fact that he is a minor), Coleman has stated that Christian and his family are incredibly happy over the outcome of Christian’s criminal case.

Mother Files Federal Suit against Connecticut Police

With the settlement of Christian’s criminal case, Carolyn Vangemert, Christian’s mother, has just filed a federal lawsuit, alleging that an area policeman:

• Wrongfully arrested her son at the time of his controversial taser incident
• Inaccurately characterized Christian’s “taser” as a deadly weapon, placing him at the center of controversy that drew national audiences.

In defense, Stunjo and his lawyers argue that the officer’s response was appropriate, as the information he had received necessitated immediate action. The presence of “speedy information” in a case legally allows police to make arrests without first having to secure an arrest warrant.

Arguments for Vangemert’s civil lawsuit are currently ongoing. A decision and potential settlement for this case aren’t expected to be handed down until early 2009.

(Source: The Hartford Courant)

Have you been charged with a crime? If so, contact us today to talk to an experienced criminal attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

Missouri Woman Faces Fraud, Conspiracy Charges

Federal prosecutors have begun presenting their side of a computer crime case against Lori Drew, a 49-year old woman accused of setting up a fake MySpace account to taunt one of her daughter’s former friends, Megan Meier.

Megan committed suicide in October 2006 after receiving a series of cruel messages from Drew’s alleged fake MySpace account.

Defendant Faces Criminal Charges

Drew is facing charges, including:

• Fraud
• Conspiracy
• three charges of illegally accessing a computer via interstate commerce for the purposes of harm.

Such federal charges have come into play because, although Drew and Megan lived and interacted in Missouri, the MySpace servers are located in California. Consequently, the trial proceedings are being conducted in the state of California.

Details of Drew’s Alleged Crimes

According to prosecutors, Drew:

• Set up a MySpace account under the fake identity of a 16-year old boy named “Josh Evans” in 2006. Through the Evans account, Drew allegedly emailed back and forth with Megan.
• Used the “Evans” account to send vicious and vindictive messages, resulting in Megan’s suicide.
• Sent the messages, knowing Megan was unstable and suicidal as Drew had previously given Megan her depression medication over a family trip.

Defendant Accused of Causing Suicide

The final online exchange included Evans telling Megan that the world would be better without her. To this, Megan responded that Evans was “the kind of boy a girl would kill herself over.” Following this last message, Megan hanged herself.

If convicted on all counts, Drew faces upwards of 15 years in prison.

(Source: New York Times)

Have you been charged with a crime? If so, contact us today to talk to an experienced criminal law lawyer who will thoroughly evaluate your situation and fight to ensure your legal rights are protected.

Oregon Woman Faces Jail Time for Theft

Carley Torres, a 35-year old resident of Medford, Oregon, faces up to 90 days in jail after being convicted of theft charges. According to prosecutors, Torres had her children solicit money from unsuspecting residents of local neighborhoods by telling them that the money was needed to send the eldest Torres child to volleyball camp.

Neighborhoods the Torres children targeted included:

• Medford
• Ashland
• Eagle Point

All false donations were solicited during 2007

Rather than use the money collected from this door-to-door operation for camp, the Torres family spent it on shopping sprees and recreational activities, including trips to the movies and monster truck events. In total, authorities estimate that the Torres stole over $3,000 by performing their scam.

Common Door-to-Door Scams

The Torres’ scam to steal money is no new phenomenon, as many scammers solicit money by going door-to-door and asking for “donations” for some fake cause, event, group or service. Some of the most common door-to-door scams involve asking for money for:

• chimney sweeping
• cleaning services
• gutter cleaning
• roof repair
• tree trimming
• non-profit organizations
• local clubs (such as the Boys and Girls Clubs)
• a school sports team or sports-related event book or magazine subscriptions

These scammers typically target the elderly and use a range of persuasive/forceful language to steamroll unsuspecting residents into forking over cash. If you suspect a solicitor at your door is a scammer, don’t give him money. Instead, if you want to donate to a cause or purchase a service, deal with the organization or business directly.

Husband Found Guilty of Theft Also

Laramie Torres, Carley’s 33-year old husband, was also found guilty of theft charges. However, he has only been sentenced to community service, rather than time in jail and the thousands of dollars in restitution fees that his wife must pay.

Laramie stated he will help his wife repay the stolen money.

(Source: The Baltimore Sun)

Have you been charged with a crime? If so, contact us today to talk to an experienced professional who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

California Designer Convicted of Sexual Assault

A Beverly Hills fashion designer has just been found guilty of multiple counts of sexual assault that could result in him receiving a lifetime prison sentence. Anand Jon Alexander, 34, has been convicted of raping seven females, ranging in age from 14 to 21 years old. These sexual crimes occurred over a six-year span from 2002 to 2007.

While Alexander originally faced 23 felony charges, he was ultimately convicted of 16 counts, including:

• Forcible rape
• Sexual assault
• Battery

In addition to being known for his role on “America’s Next Top Model,” Alexander is also credited with designing for many popular celebrities, including Paris Hilton and Norah Jones.

The Trial and Evidence

Over two months of trial, prosecutors presented evidence of Alexander’s criminal activities, which included:

• Beating and, in some cases, drugging women before he raped them.
• Tricking females into coming back to his apartment by claiming that he wanted them to model for his clothing line.

As evidence, prosecutors (led by District Attorney Frances Young) called on nine of the female victims to testify.

While Alexander’s high-priced criminal defense attorneys tried to discredit the victims’ testimonies by claiming that they were lying to defame the defendant, the consistencies of the victims’ statements were enough to sway the jury and result in multiple convictions.

Sentencing and Further Trials

The sentencing phase of Alexander’s trial is scheduled to occur Jan. 13, 2009 at the Los Angeles Superior Courthouse.

However, Alexander’s recent convictions and pending sentencing in California are only the start of a series of trials this convict will face, as he has also been indicted in New York on nine other rape and sexual assault charges.

Similarly, Texas authorities in the Dallas area are still investigating allegations against Alexander. This investigation is also likely to result in another trial for Alexander.

(Source: Los Angeles Times, The Herald Sun)

Are You Facing Criminal Charges? If so, contact us today to talk to an experienced criminal law attorney who will provide you with the legal support you need to get your charges reduced, if not dropped altogether.

Los Angeles Cop Faces Sexual Assault Charges

An officer of the Los Angeles Police Department has recently been indicted on one misdemeanor charge, as well as three felony counts, for a series of sexual offenses he allegedly committed last year.

Officer Russell Mecano, 40, will be officially arraigned Dec.12 for:

• Misdemeanor solicitation
• Felony charges for sexual battery
• Felony charges for penetration with a foreign object by a public worker
• Felony charges for penetration of a foreign object via duress

If convicted on all counts, Mecano faces as much as 12 years in a California state prison.

Details of Mecano’s Crimes

1. May 28, 2007: According to prosecutors, Mecano allegedly blackmailed an 18-year old female, telling her that he would not arrest her for possession of drug paraphernalia (she was arrested with a marijuana pipe) if she would have sex with him. After sexually assaulting this woman behind a public library, authorities allege that Mecano then told the woman to meet him at a nearby motel.

Detectives didn’t elaborate on whether the woman complied or whether Mecano subsequently sexually assaulted her at another location.

2. October 2008: During this incident, Mecano allegedly blackmailed a 20-year old vagrant female for sex. According to police, Mecano told the woman he wouldn’t arrest her on battery charges if she would meet him at a nearby motel and have sex with him. Mecano supposedly gave the female about $200.

Rather than meet him at the motel, the woman hailed a cab and went to a neighboring city’s police department to report the crime.

Evidence Against Mecano

In addition to the victims’ testimony, prosecutors also have a number of cell phone records that confirm some of the details of these crimes.

Although further evidence will likely be presented in trial, Mecano has yet to confirm his innocence or his role in these incidents. Mecano’s claim to innocence or guilt is expected to be announced at his arraignment next month.

(Source: Los Angeles Times)

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Men Charged in Plot to Murder Obama

Two white supremacists have just been arraigned and officially charged with plotting to murder newly elected President Barack Obama and multiple other African Americans.

Daniel Cowart, a 20-year old from Tennessee, and Paul Schlesselman, an 18-year old from Arkansas, pled not guilty today to seven federal charges. This long list of felonies includes:

• Threatening a presidential candidate
• Plotting a series of robberies
• Plotting multiple murders
• Possessing an illegal firearm
• Transporting an illegal firearm across state boundaries

If convicted on all counts, Cowart and Schlesselman will face up to 50 years in jail and a slew of fines that will likely exceed $500,000.

The Suspects’ Plans

The various felonies with which Cowart and Schlesselman are being charged were all committed in an effort to exact a national crime spree. According to authorities, these two white supremacists were planning to:

• Behead 14 African Americans
• Murder 88 others throughout the United States
• Gun down Obama in a murder-suicide attack

The number “88″ is a significant symbol in skinhead and white supremacist circles, as it is a numerical tribute to Hilter (The number “8″ refers to the eighth letter of the alphabet “H.” Consequently, “88″ translates to “HH,” which is an acronym for “Heil Hitler).

How the Suspects Were Caught

Authorities were able to intervene before any of the above plans were enacted due to a tip phoned in by an acquaintance of the suspects. The informant turned to the police after witnessing Cowart and Schlesselman shooting at a Memphis-area church primarily attended by African Americans.

While an official trial date has yet to be set, authorities, including the Secret Service, are still investigating the extent of the suspects’ plots and crimes.

(Source: New York Times)

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Supreme Court Hears DNA Case

Today, the Supreme Court will start hearing a case that debates whether a convicted rapist has the constitutional right to perform DNA testing on genetic material gathered at a crime scene in Alaska over 14 years ago.

In 1994, William Osborne received a 26-year prison sentence after he was convicted of assault, sexual assault and kidnapping. He claims that modern, more advanced DNA tests can prove he was wrongfully convicted of these crimes.

While 43 states, as well as the federal government, give convicts access to DNA tests (particularly in older cases in which DNA testing was never done due to lack of this technology at the time), seven states in the U.S. don’t have laws giving this right to convicts. Alaska is one of these seven states.

Details of the Case

In 1993, two Alaskan men picked up a prostitute, drove her to a secluded location and severely beat her with an axe handle. After forcing her to engage in various sex acts, they shot the woman, partially covered her with snow and left her for dead.

Despite the violent nature of these crimes, the prostitute survived and ultimately testified that Osborne was one of the men who brutally attacked and raped her. The other man convicted of these crimes also affirmed Osborne’s participation.

At the time of his arrest, Osborne confessed to the crimes. While the convict is now professing his innocence, he and his lawyer claim that the initial confession was given out of Osborne’s desire to expedite the case, as he knew he was going to be convicted of the crimes due to compelling eyewitness testimony.

Should Osborne Be Allowed to Use DNA Tests?

In the appeals to his conviction, Osborne has asked the court to grant him permission to use more sophisticated, modern-day DNA tests to prove his innocence. According to Osborne and his attorneys, the DNA tests of modern times are far more technologically advanced than those used at the time of his trial and conviction. If allowed to use these tests, Osborne claims he can prove he was not involved in the rape, beating and kidnapping.

One Court of Appeals has already ruled that Osborne should be granted access to modern DNA tests, as the point of the conviction is to serve justice, and justice will not be served if an innocent man is being imprisoned.

The Supreme Court is expected to issue its decision in the coming weeks.

(Source: New York Times)

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