Monday, August 1, 2011

More Bright Idea Parenting? Update 2-24-12





Billy Joe Madden may have thought that he had a great idea as to how to avoid a DWI. But Louisiana State Police still arrested Madden. Madden's pickup was stopped on Interstate 12 when it was being operated unsafely. According to police, they were surprised to find that his 8-year-old son was at the wheel while the 28-year-old father was apparently in the passenger's seat in an intoxicated state. Nola.com and Police. According to the Associated Press:

Troopers say the man's 4-year-old daughter was in the back seat when the truck was stopped Saturday morning in Livingston Parish. The child's driving was so erratic that it alarmed motorists, who called authorities. (What do you expect from an eight year old?)

According to WVUE Fox 8, The Mississippi man and the two kids were driving from Hattiesburg, Miss. to Dallas, Texas. Madden has been charged with two counts of child desertion, two counts of no child restraint and parent allowing a minor to drive.

Whats the "Deal" down in Arizona? In another bizarre case, 10 year-old Ame Deal was found dead in a trunk outside an Arizona home. Her family initially claimed the child died while playing hide-and-seek. But investigators apparently think Ame Deal suffocated because she was intentionally locked in a box as punishment for taking a Popsicle without permission. Phoenix police question whether Deal's grandmother, aunt and two cousins regularly subjected the child to horrific treatment. "This child died at the hands of those who were supposed to love and care for her. ... This case has turned the stomachs of some of our most seasoned detectives," said Phoenix Police spokesman Sergeant Trent Crump. city's website.Deal's cousin Samantha Allen, 23, and her husband, John Allen, 23, allegedly admitted to putting the child in the trunk. Prosecutors have filed charges for first degree murder. AZFamily

Update 8-5-11: Speaking of education. Jennifer Lynch asked that we share her article on Legal Education. LINK. While we don't like to provide free ads, this article may interest some of our readers.

Update 8-15-11: What is an article about poor parenting without an example of some good principles? At a celebrity, 11-year-old Nick Smith was given the chance to sink the puck from center ice into a three-and-a-half-inch cutout and win the $50,000 prize. But when Nick's name was called, the boy's identical twin brother, Nate, successfully shot the puck. Instead of claiming the prize money, their father, Pat Smith, called back the next day and said, 'you know it was really Nate that made the shot and we thought honesty was the best policy and we want to set a good example for our kids." "Early Show."It is now up to the insurance company to decide if the kids will get the money.



Update 9-13-11: Talk about "using the kids." 5-year-old Levada (lu-VAY'-duh) Brown and 4-year-old Yokela (yoh-KAY'-luh) Smith were murdered on Aug. 31 in the family apartment in East St. Louis. Their mother, 25-year-old Yokeia (yoh-KEE'-uh) Smith, is charged with first-degree murder charges. Apparently, the children's father listened by phone from a Wisconsin federal prison where he's serving time for armed robbery as Yokeia ended the childrens' lives with her recently purchased shotgun.

Update 2-24-12: A nine year- old boy is in court accused of accidentally shooting a 3d grade classmate. Bail was set at $50,000 while a judge decides if he has the capacity to be tried for the crime. "I just want everyone to know that my kid made a mistake. It was a terrible mistake," the boy's father, Jason Cochran, said. The uncle, Patrick Cochran, is the boy's legal guardian. Who needs to step up and take responsibility for the young boy bringing in a loaded .45-caliber handgun that he got from his mother's house? The gun was in his backpack and accidentally discharged critically injuring Amina Kocer-Bowman.

Kocer-Bowman remained in critical condition at Harborview Medical Center in Seattle after undergoing surgery. She was sedated and on a ventilator. The bullet hit the girl in the abdomen and arm, according to police. The 9 year-old boy is charged with unlawful possession of a gun, bringing a dangerous weapon to school and third-degree assault charges. Authorities believe he got the weapon during a visitation with his mother. But the boy allegedly told a classmate five days before the shooting that he was going to bring his "dad's gun" to school.

Jamie Lee Chaffin is listed as the boy's mother. In 2005, she pleaded guilty to a drug paraphernalia charge. She also was convicted of marijuana deliver and forgery.

Some states have firearm child access prevention laws many of which include criminal penalties for adults who allow children to get their hands on guns. However, Washington apparently does not have such a law.

In 2000, 6-year-old Kayla Rolland, a Michigan first-grader, was fatally shot by a 6-year-old classmate. Last year, a 6-year-old kindergartner at a Houston elementary school accidentally fired a gun as he was showing it off. Neither were charged criminally.

Monday, July 25, 2011

The Lincoln Lawyer Illustrates An Unfair Perception Of Defense Lawyers ~by Legal Eagle 7


Last night while watching the movie The Lincoln Lawyer, I began reflecting upon a statement of a detective to a defense lawyer, "How do you sleep at night?" Ironically, Matthew McConaughey gets off the elevator and replies with a comment about how the district attorney's office could not be trusted. Later in the movie we learn that the Lincoln Lawyer's worst fear came true, an innocent man had gone to jail for a crime that he did not commit. While winning the trial for the current client, the Lincoln Lawyer exonerates his past client and corrects the past wrong by implicating his current client in the previous murder. This prompts the detective to say, "Just who are you working for?"

This movie illustrates a very real point. Defense lawyers, especially in high profile cases, are despised by the public even though the search for justice should be the goal of both sides. (Johnny Cochran, Jose Baez, and Drew Peterson's lawyer, Joel Brodsky BRODSKY INTERVIEW LINK come to mind.) It is unfortunate that the movie portrays defense lawyers as slimy. All lawyers, including prosecutors, like in the Casey Anthony trial, should not have a win at all costs attitude. (Putting on testimony that there were 84 searches for chloroform when in reality there was just one. JOHN BRADLEY LINK.) Fairness and integrity must extend to both sides of the bar despite any public pressure to rush to judgment. ANTHONY CAUTION LINK.

The reality is that both prosecutors and defense attorneys are necessary for our system of justice to function. So while the Nancy Graces of the world or those following the Lauren Spierer investigation may be frustrated when persons of interest do not speak based on advice of counsel, keep in mind the Fifth Amendment should always be considered before one opens his mouth as it is one of the rights our founding fathers fought and died to obtain.

In sum, the movie is very entertaining. However, for lawyers battling in the trenches each day, it highlights and reenforces some preconceived public perceptions that need to be corrected.

Monday, July 18, 2011

Robert Ross v. Shaquille O'Neal In Heavy Weight Grudge Match?

Retirement can be boring. Perhaps even for NBA greats like Shaquille O'Neal who retired after the 2010-1011 season at the ripe old age of 39. However, I sincerely doubt any retiree wants to spend his time defending lawsuits. Especially a lawsuit filed by a so called "friend." Robert Ross, a former friend of Shaquille O'Neal, has filed a lawsuit accusing the recent retiree of asking him to kill several people. TMZ.com. Ross is no angel. He himself is allegedly a former gang member. Among the allegations, the Ross is claiming that O'Neal was plotting to have him kidnapped by gang members. It is doubtful whether Ross will be taken seriously. He was apparently labelled by LAPD as a less then desirable informant. "undesirable informant".

O'Neal's lawyer apparently agrees with the LAPD assessment. "The outlandish claims by Robert Ross in his civil complaint are pure fiction," Michael J. Kump told TMZ.
Ross accuses O'Neal of telling him to murder a record producer, a gang member and a woman O'Neal had once impregnated. It is unclear whether the lawsuit will delay O'Neal joining the Turner Sports team. Turner Sports . For more legal talk by O'Neal's counsel you can follow this link: Lawyer-denies-claim.

Update 7-22-11: Robert Ross apparently was a record producer. He allegedly threatened Shaquille O'Neal that he would release a "sex tape" of the big guy. Fortunately, the tape apparently did not exist.

Monday, July 11, 2011

Felons On The Run Typically Don't Get Far...



Trent Archie, 29, was on the run. He and another inmate, Davis McLeskey, attacked four corrections officers in Huntsville, Texas on June 28. The pair escaped; however, Davis Mcleskey, 23, was recaptured almost right away. Archie, serving time for a murder conviction, was more nimble and able to scale the gate. Video Link.


What made recapture so easy is that the escape was caught on video tape and was immediately released to the public. (Contrast this with how the Spierer video tape has been kept from the public. LINK. ) How did the jail escape happen? On the video, it looks like Archie and McLeskey asked jail officers if they could use the phones near the booking office. The sympathetic jailers granted their request. After about twenty minutes, jailers went to open the door and check on another inmate. When the doors were opened, the two men attacked the jailers and then fled the building.


McLeskey didn't make it far. He was almost immediately apprehended. On the other hand, Archie jumped over a gate. Not to worry, this is Texas! Archie was hunted down like a rabbit on the run. Law enforcement located him in a house just southwest of Houston on July 1. He was arrested without any shots being fired. According to ABC News, escapes are not new to the Walker County Jail. However, Texas is all about justice and they know how to track down the bad guys. (Perhaps we should call in the Texas Rangers to get to the bottom of the Lauren Spierer matter?)


Update 7-13-11: It does not appear that the convicts had any inside help in planning their escape. However, one can be almost certain that none of the interrogation ploys suggested by this reader were used. INTERROGATION BY ELECTRICITY

Tuesday, July 5, 2011

Do Ex Players Know How To Terminate Negotiation?




































Retired NFL players Carl Eller, Franco Harris, Marcus Allen and Paul Krause are named plaintiffs in a suit against the NFL and its current players. Plaintiffs have requested that U.S. District Judge Susan Richard Nelson terminate the mediation and order that the current players cannot negotiate on behalf of retired players. The law suit alleges that current stars like Tom Brady, Peyton Manning and Drew Brees are "conspiring to depress the amounts of pension and disability benefits to be paid to former NFL players in order to maximize the salaries and benefits to current NFL players." Mean while, current players representatives and the owners have met five times over the last few weeks. Mediation is scheduled to resume today in New York.

Retired players have felt unrepresented in the issue of how to divide more than $9 billion in NFL revenue.The retired players want more of the profits being dedicated to medical insurance and better pensions for former players. There is a strong argument that the players' decision to decertify their union makes it an antitrust violation for the owners and current players to negotiate for retired players.




If Judge Nelson rejects the motion for an injunction stopping the mediation, then the retired players seek treble damages as punishment.




The preseason opener between the Bears and Rams is only a month away. Will an agreement be in place before the season is jeopardized? Who can forget the strike season in the 80's? The players were different, but the uniforms were the same. If it meant ticket prices being cut in half, would it be worth it to see Nancy Peterson run the ball instead of Adrian Peterson? Perhaps it is worth finding out.


Kelly Rothwell


Apparently football players are not the only "ex" that knows how to terminate any further discussion. Florida Police cadet Kelly Rothwell disappeared in March of 2011. She apparently had an argument with her boyfriend which resulted in a breakup. Kelly apparently disappeared on the day she broke up with her boyfriend. David Perry is a suspect in her disappearance. Shortly after she disappeared, her ex boyfriend returned to New York. Perry allegedly has declined detectives invitation to submit to an interogation. LINK. As always, any suspect is to be presumed innocent unless otherwise proven in a court of law.






Monday, June 27, 2011

For Richard Poplawski It All Comes Down To Life Or Death


Innocent until proven guilty; however, Richard Poplawski has already had his day in court. So now, it all comes down to whether jurors think the man convicted of killing three Pittsburgh police officers deserves the death penalty. It is never an easy task to sentence a man to death. (Cruelty LINK) Jurors will have to listen carefully to what witnesses say about the 24-year-old Poplawski. Only last week, a jury convicted him of first-degree murder for the April 2009 deaths of Officers Paul Sciullo II, Stephen Mayhle and Eric Kelly. It all started as a result of domestic violence. Officers responded to a call after Poplawski's mother called 911 about a domestic dispute over her son's dogs. Rather than discuss the matter rationally, a bulletproof vested Poplawski decided to put his fate in an assault rifle, shotgun and handgun. As a result, Poplawski faces either death or life in prison. For the family and friends of the slain police officers, no penalty will bring back their loved ones.

Friday, June 17, 2011

Does the United States have an epidemic caused by Cougar infestation?


Does the United States have an epidemic caused by Cougar infestation? We all know that some teachers have generated some poor publicity. LINK. Now another teacher may be in trouble.
Anne Lynn Montgomery used to be a Texas dance teacher. She recently was charged with two counts of second-degree felonies- sexual assault of a child under age 17 and having an improper relationship between an educator and a student. Her defense is apparently love since she has bore him two children.

Montgomery, 35, faces a maximum of 20 years in prison if convicted. This dancing instructor's relationship with the victim (presumed to be Bradman Moore) allegedly began at a high school in Houston four years ago. The young man was apparently in the marching band. The relationship was apparently never brought to the public attention until Montgomery sought a protective order against Moore because of alleged physical abuse and threats. Moore not only refuted the grounds for the protective order, he provided ammunition for the prosecution of his lover and former educator. According o Moore, he and Montgomery ended up transferring to another Houston high school. They eventually moved in together. Their first child was born in March 2008. A second child was born in August of 2009. In the mean time, Montgomery stopped teaching in January of 2009.

The couple is now spit up. Moore is now 20. He alleges the breakup was caused by her allegedly sleeping with other students. Source: LINK. But teachers are apparently not the only cougars preying on our young lean teens. For example, Tressie Hayes, 35, is a former therapist with the Prestera Center in Danville, WV. She is charged with providing drugs to and having sex with teenage boys that were her patients while she worked at the Boone County facility. LINK.

Or consider Christine Hubbs of California. This 42 year old wife of a dentist pleaded no contest to four felony counts for having sex with two underage boys — one being her daughter’s boyfriend. Video Games for Sex?

In New York, State Police arrested 38-year-old Diana O'Lena for allegedly engaging in oral sex with a male child under the age of 13. Seems like most of these women get caught after their victims are heard to be bragging to their friends.

Normally, the story of these women would cast a nasty shadow on the female persuasion. However, you can always count on a man to outdo the women in the category of stupidity. Today's top clown in is four-term Republican state senator from Idaho, John Mcgee. Mcgee was arrested June 19, 2011 on charges of grand theft and for driving under the influence. KTVB-TV. According to Sgt. Carlos De Leon, McGee began drinking at a Boise golf course at Saturday night. McGee left the clubhouse just before 3 a.m. There was a Ford Excursion with the keys inside and a 20-foot travel trailer attached near the Muir Woods Subdivision in Boise. McGee drove apparently entered the Excursion and drove off. He apparently tried to turn the vehicle and trailer around but jack-knifed in the driveway.The senator was found asleep in the SUV. Two young constituents (kids) inside the house called the police. McGee's blood alcohol level was reportedly .15. The 38 year-old McGee represents 50,000 people in District 10. He was the 2006 Idaho State Republican Legislator of the Year and the chairman of the Regional Substance Abuse Authority Legislative Committee! Perhaps he was merely conducting a field study.

Update 6-21-11: Women continue to dominate in the bad news department. Janet Chiauzzi, a New York. mom, was arrested and charged with stalking, falsely reporting an incident, endangering the welfare of a child and aggravated harassment. The charges arise out of allegations that Janet made threats all because her son did not make a summer baseball travel team. "Today" reports. She allegedly even sent threatening letters and claimed child abuse by someone affiliated with the team . Allegations against the Little league official were apparently investigated and dismissed. Moral of the story: powerful women take playing ball with young boys very seriously.

Keep in mind all suspects and defendants are innocent unless proven guilty in a court of law.