Tuesday, October 5, 2010

Senior U.S. District Judge Jack Camp Jr. Caught Thinking With The Wrong Head? ~by Legal Pub


Judges aren't perfect. They can be accused of improper conduct and even impeached. Judge Thomas Porteous. Of course allegations are not limited to domestic officers of the court as allegations of misconduct can occur anywhere. LINK . Judges can even be accused of falling in love. Judge Verla Sue Holland. However, this next story has all the hooks, guns, drugs, prostitution, undercover agents and sex. Get an extra shot of java and prepare for factual allegations that are better than any drama seen on public television.


Senior U.S. District Judge Jack Camp Jr., a federal judge in Georgia, has been arrested on drug and weapons charges. Federal agents say the suspender wearing judge has more than love stains on his chin. The judge is accused of buying drugs for a stripper from the Goldrush Showbar in Atlanta with whom he was having an affair. And during the alleged transaction, the judge was apparently packing heat.


The official charges are possession of cocaine, marijuana and Roxicodone (pain pill). In addition, the judge is charged with possessing a firearm as an unlawful user of controlled substances and with aiding and abetting the possession of drugs by the stripper. (The woman has a prior drug conviction.) So just how did this presumably intelligent judge get caught falling to the lowest common denominator? Federal agents said he fell for one of the oldest tricks in the book. He bought drugs from an undercover agent. (Not to be confused with being a client of the oldest profession in the books which also apparently played a major role in his arrest.)


Judge Camp appeared Monday in a federal court in Atlanta. He posted $50,000 bond and was accordingly released. As a result of Camp's arrest, the district's federal judges all recused themselves. Magistrate Judge Charles S. Coody of Alabama was brought in to hear the case. Federal prosecutors from Washington will handle the government's case. Camp has retained four defense attorneys. Putting aside the procedural issues and anticipated legal wrangling, a lingering question is whether it was an affair or whether it was strictly business. According to the charges, it is alleged that Judge Camp had been paying the stripper for sex since the past spring. It is also alleged that Judge Camp was fronting the woman money to buy drugs. Why?
The 67 year-old Camp's background is not helpful in determining a motive. (The former chief judge for the northern district of Georgia was appointed to the bench by President Ronald Reagan in 1987. Camp took senior status in 2008. Camp has handled many high profile cases. In 2004, he sentenced two men convicted of killing DeKalb County Sheriff Derwin Brown to life in prison without parole. He has presided over litigation concerning Georgia's request that new voters to prove their identities and citizenship before voting. In May 2009, Camp sentenced the personal doctor of a professional wrestler who killed himself, his wife and their 7-year-old son concerning prescription related charges.) So what might motivate Camp to buy drugs for a stripper?

Keeping in mind these are only allegations against the judge, one must dig deeper for a possible motive and or a defense. Camp is ably represented by lead attorney Bill Morrison and one can only presume he knows his case better than us. But the Judge's actions appear to go beyond an abuse of his position. Clearly, he got into trouble when he committed the inconsiderate offense of cheating on his spouse. After all, Judge Camp is a married man. While perhaps immoral, that was not a crime. Perhaps after the fact he considered the effect of his behavior on his family.Was he trying to protect his family from the publicity his conduct would generate? So far his spouse has remained silent but Camps lawyers claim she is supporting him.
What of the other woman? While the dancer's name does not appear in court papers, she has not been at a loss for words. She had a prior federal felony conviction on her record so her identity is not all that secret. Since she is cooperating with the FBI, they might not like the public knowing her identity. And for the sentimental romantics who think this is a remake of Pretty Woman, think again before you blame the FBI for turning the Judge's alleged lover against him. Little miss professional was apparently recording the judge even before she officially became an informant. If true, a juror might question what she originally had in mind with regard to the recordings. Would the judge have paid money or even bought drugs for this woman in order to avoid the tapes from becoming public?


The woman allegedly has been promised immunity from prosecution. That in and of itself does not make her bias. But the early recordings might make a juror scratch her head wondering whether this weak pitiful excuse for a man was "set up." When Camp bought drugs from an undercover agent, he was allegedly in possession of two pistols because he was in fear of the participants in the transaction. Apparently three transactions took place where Camp was apparently armed. The deal apparently went down in the parking lot of a suburban Atlanta nightclub, an appropriate place for terminating not only a judiciary career but perhaps also a marriage.
Update 12-3-10: Judge Jack Camp pled guilty last month to buying drugs for a stripper. U.S. Attorney Sally Quillian Yate's office is investigating whether any of the cases Judge Camp handled were influenced by the use of drugs or racial bias. Any defendant may request resentencing in any case handled by Judge Camp from May of 2010 to the present.

Tuesday, September 28, 2010

Dad's Gone Wild Or Justifiable Parenting?


It is becoming increasingly more difficult to be a dad. Sometimes doing the right thing is not as clear as perhaps it was a few years ago. We know that a parent can go to far in protecting their child. LINK. A more recent example, a San Jose, California police officer is under investigation after he allegedly handcuffed the 15-year-old boyfriend of his 14 year-old stepdaughter because he allegedly had sex with her. The father was off-duty when he appeared at the teenager's home in full uniform. "A cop's daughter is not somebody you mess around with," the officer allegedly told the teen. (So far apparently a true statement.) Next he allegedly said, "the district attorney will probably file charges." (Apparently not a true statement due to the closeness in age of the alleged perpetrator and the alleged victim. However, both teens may be cited for underage sex according to Mercury News. So, perhaps still true.)


After removing the handcuffs, the officer admitted to the boy's parents that he just wanted to scare the youth. Apparently the incident was recorded by cell phone. San Jose Mercury News.
Attorney Terry Bowman, told local reporters that his client was doing the boy's parents a favor so he "doesn't continue to go down the wrong path." Apparently the boy's parents disagree since they reported the incident to internal affairs. The officer has been put on administrative leave pending the investigation.

Tony Boskovich, an attorney representing the boy's family, questioned, "What right does he have to use his uniform, his gun, his handcuffs if all he is is a dad?" http://www.msnbc.msn.com/. Probably none, Tony. But query, just what is a father to do when he feels his child is being victimized? Certainly not to beat the teen like might have happened in past generations. Nor can a dad apparently use threatening words as illustrated below with James Jones' mistake.


James Jones was the father who went onto a school bus and threatened to hurt the school bullies that were harassing his special needs daughter. After the incident was caught on video, school officials contacted the law enforcement. Jones was arrested. Jones apologized for his actions and admitted it was the wrong thing to do. But this father snapped because, "My daughter is not going to be hazed and beat up and touched on like what they've done, okay." Jones' attorney, Sadiki Alexander, said the father of two was simply trying to protect his child. Jones later went on t.v. and advocated that a better way to handle the problem would have been to work with the school authorities to stop the harassment. While police investigate the alleged 7th grade bullies, are they free to scare them straight or must it be all fluff and pampering?

Thursday, September 23, 2010

Real Life Murder Mysteries V. Novels


On a recent auto trip I had occasion to listen to an audiotape reading of "To Kill A Mocking Bird" which is classified as one of the best books of all time. It caused me to ponder whether real life murder mysteries such as April Tinsley, Haleigh Cummings, and Caylee Anthony are simply not entertaining enough for some folks. Apparently in a search to avoid boredom, some readers apparently turn to murder mystery novels. First as a law student and then as a lawyer required to consume large volumes of verbose briefs and legal submissions, it is easy to appreciate the need to be efficient in selecting what to read in one's leisure. To help aid readers in efficiently finding some good books, Law Enforcement Schools has an article entitled "10 Good Murder Mysteries to get Your Hands On." The list can be found at this LINK.
Please feel free to share other novels that you recommend in the comments. As the first donation to the list, I suggest reading the murder story described in the "Good Book" pictured above!


Tuesday, September 21, 2010

A New Criminal Defense Of Caffeine Induced Insanity?


Play the insanity card! Play the race card! But play the caffeine intoxication card? Now I've seen everything. Woody Will Smith, a 33 year-old Kentucky man, is on trial for murder. Woody, a father of two, is accused of murdering his wife, Amanda, in 2009. His defense? He was so jacked up on caffeine (coffee, diet pills and energy drinks) that he was too insane to have consciously, intentionally strangled his wife. Smith claims he was delusional from chronic insomnia and fear that his wife would leave him.


Defense expert Dr. Robert Noelker indicates that the defendant dropped his children off at school "in a daze." Dr. Noelker opines: "It is my opinion that this disorder was the direct result of psychosis due to severe insomnia." Associated Press.


The American Psychiatric Association classifies a caffeine overdose as an excess of 300 milligrams -- around nine cans of Coke, four Red Bulls or three Starbucks tazo chai lattes. Mayo Clinic's. Smith allegedly consumed 400 mg of caffeine on the day of the murder. However, the state claims that blood tests do not support the defense. This is not much different than Dan White's claims that a junk food consumption was evidence of his depression which was to blame for his 1978 assassination of California politician Harvey Milk. (See HBO movie.) In 2009 Daniel Noble blamed a caffeine high in successfully defending a claim that he intentionally ran down several pedestrians in his car


Can a caffeine high lead to temporary insanity? While I have not asked him, I suspect that toxicologists like Richard Church would opine that one is more likely to vomit than become a homicidal maniac from an extra cup of coffee or two.

Monday, September 13, 2010

Judge Thomas Porteous Jr. Faces Impeachment In the Senate


Judges are not beyond scrutiny. Nor are they beyond making mistake. They are suppose to be beyond corruption and lying under oath. Today, the U.S. Senate begins the impeachment trial of federal judge G. Thomas Porteous Jr. The judge is accused of corruption, accepting kick backs and lying about his past to the Senate and FBI regarding his nomination. Some say the judge is getting screwed. Others say he is not. Keep in mind, this is the first impeachment trial since President Bill Clinton's trial in 1999. (And we all know how that one turned out.. oral sex is not sex.)


In March, the House of Representatives voted unanimously to impeach Porteous. Porteous is the nation's 15th federal judge to be impeached. Porteous is accused of "intentionally made material false statements and representations under penalty of perjury, engaged in a corrupt kickback scheme, solicited and accepted unlawful gifts, and intentionally misled the Senate during his confirmation proceedings." According to U. S. Rep Adam Schiff, the House investigation "... found that Judge Porteous participated in a pattern of corrupt conduct for years."


Previously, Porteous' lawyer Richard W. Westling said the Justice Department had decided not to prosecute because it did not have credible evidence. The House, however, has decided otherwise. No criminal charges are pending. Among the issues the Senate must address is whether the judge failed to recuse himself from a case he was involved in and whether he made false and misleading statements, including concealing debts and gambling losses.


Porteous, 63, has not been on the bench since he was suspended with pay in the fall of 2008.Impeachment of judges is not unprecedented. Last year, Judge Samuel B. Kent of the U.S. District Court for the Southern District of Texas resigned after being impeached on charges of sexual assault, obstructing and impeding an official proceeding and making false and misleading statements. The Senate, sitting as a court of impeachment, dismissed the articles.
In 1989, Judge Walter L. Nixon of U.S. District Court for the Southern District of Mississippi was impeached on charges of perjury before a federal grand jury. The Senate convicted him and removed him from office. What will happen to Porteous? Presumably justice and not a new definition for "failing to tell the truth."
9-23-10 Update: It is hard not to love Kate. She is always very complimentary of Legal Pub articles and the comments. Here is Kate's recent comment along with a links to some interesting opinions on Judge Porteous, Jr.
"Hi Legal Pub guys, I just saw your post about Judge Thomas Porteous’ Senate impeachment trial. I agree with you in that corrupt conduct should not be tolerated in office if the general public ever hopes to get a fair trial. Thanks for pointing out his debts and gambling losses--I hadn’t heard that, and it seems that not too many people are talking that up in the media. I wonder how much his personal life was affecting his ability to do his federal job. I wanted to share a video with you from Newsy.com that I thought you might find relevant to your post. It takes a look at much of the recent coverage from multiple sources regarding the Porteous case. However, it also raises the question about whether the trial is just the Senate’s attempt to save face because of their previous knowledge of the allegations, or if it’s true purpose is to serve justice: LINK.
I think that you and your readers will find this very relevant and hope you might consider embedding this video in your blog. Thanks so much for your time. Please let me know if you have any questions or comments."
Update 12-8-10: U.S. District Judge G. Thomas Porteous Jr. was found guilty on four articles of impeachment by the U.S. Senate. He was thereby removed from his lifetime appointment to the federal bench in Louisiana. Impeachment also denies him the right to recieve a federal pension. Porteous, 63, is the eighth judge in American history to be removed from office by the Senate.

Tuesday, September 7, 2010

Peterson's Remains Identified!


Headlines streamed across the prompter that Peterson's body had been positively identified. An instant, but incorrect thought, was that it was the body of Stacy Peterson. But it wasn't. It was Patricia Peterson, a 24 year old Mesa woman, who went missing nearly four years ago. Patricia Peterson is believed to be one of more than 500 victims in a series of unsolved highway serial murders.Patricia disappeared in November 2006 after being seen hitchhiking at a truck stop in Tulsa, Okla. In 2009, skeletal remains were found along I-40 near Lupton, Ariz.The victim had no identification and was listed as a "Jane Doe." The medical examiner concluded that the woman had been beaten to death. KPHO News


Only last month was a positive identification made by DNA. No suspects or people of interest have been named.The FBI has taken over the investigation into Peterson's homicide. The Oklahoma Bureau of Investigation suspected murdered women's bodies were being dumped along the Interstate 40 corridor in Oklahoma, Texas, Arkansas, and Mississippi during the past 30 years. Not even the radical Drew Peterson haters can try to blame Drew for those cases...
Update 9-13-10: Drew Peterson coverage can be found at: http://legalpublication.blogspot.com/2008/05/legal-pub-is-firm-believer-in-our.html

Friday, September 3, 2010

Crime Does Not Pay! ~Legal Eagle 7


Todd Jensen has written an article about ten criminals who can't be all that bright. It is a good read at: http://www.forensiccolleges.net/blog/2010/10-criminals-dumber-than-the-crime/


A favorite story involves Jeff Rarey. For those of you with Alzheimer's disease or simply experiencing a senior moment, Rarey is the 54 year old genius who told security at Indianapolis Airport that he had “a big bomb in his belly.” Rarey was not referring to a real bomb. He was joking about a Cinnabon and pizza he had eaten. But unlike the staff of Legal Pub, Indianapolis security didn’t think it was too funny. Jeff Rarey was arrested on a charge of false reporting. We all hope you enjoy the link.