Thursday, July 31, 2008

Did Anthony Hopkins Stash His Wife Arletha In a Freezer?


Forgiveness. What does it mean? Is it enough to preach the concept? Can salvation occur only through belief or do actions really count? Anthony Hopkins, 37, is a preacher. Recently he was removed by authorities from a revival service in Jackson, Alabama, as he preached "forgiveness." Out of courtesy, police apparently waited until most of the prayers were concluded before they busted the "Rev" as he is referred to by friends and neighbors.

What are the allegations? Hopkins has been charged with murder and incest.The incest charge relates to an allegation of sexual abuse made by a relative. The murder charge arises from the discovery of a woman's body believed to be Hopkin's wife. The body was found in Hopkin's freezer. Hopkin's wife Arletha was a mother of eight (six of them Hopkin's children.) Although no one apparently reported her missing, Arletha had not been seen for about three years.
Apparently, Beverly Jackson (pastor of the Inspirational Tabernacle Church of God in Christ) told reporters that Hopkins claimed that he was a single parent and that his wife had died in childbirth. The results of forensic tests to determine the cause of Arletha's death are not yet known so theoretically that could be true. (Legal Pub cautions, that until there is conclusive evidence to the contrary, it remains possible that Arletha died from causes other than murder.)
Anthony Hopkins is being held in a Mobile County jail awaiting a bond hearing and appointment of an attorney. The children range in age from 3 to 19. At this point, the children have been placed into protective custody by the Department of Human Resources.
Keep in mind, all suspects are to be presumed innocent until otherwise proven guilty.

Wednesday, July 30, 2008

Female Soldiers Dying Outside the Line of Fire


Edgar Patino is accused of killing Spc. Megan Lynn Touma. Megan, 23, was found dead in a hotel near Fort Bragg. Megan was seven-months pregnant at the time. She was a five-year veteran of the Army. She was stationed at Fort Bragg in North Carolina at the time of her death. Touma and Patino had previously been stationed together in Germany. Supposedly Patino proposed to Touma in Germany prior to Touma learning that Patino was still married. (This allegation remains unverified and should be considered a rumor at this point in time.)


Touma is the second female soldier from Fort Bragg to die suspiciously. Army 2nd Lt. Holley Wimunc was killed in early July. Her apartment was burned on July 10 and her body found nearby. Her husband, Marine Cpl. John Wimunc was charged with arson and first degree murder. Another Marine, Lance Cpl. Kyle Alden, was charged with arson and felony accessory after the fact to first-degree murder.


Keep in mind that all suspects are innocent unless otherwise proven guilty. Allegations are not necessarily facts. Stay tuned on these stories as they are subject to change.

Tuesday, July 29, 2008

Jim David Adkisson Discharges Shotgun During Children's Musical In Church. But Why?

It is dangerous to always have to be right. For that matter, it is dangerous to be too far left or right on any subject matter. Take a case in point. Jim David Adkisson supposedly told police that all liberals should be killed. He also apparently admitted killing Linda Kraeger, 61 and Greg McKendry, 60. McKendry, an usher, tried to shield others from the 12 gauge shotgun. Also wounded were Joe Barnhart, Jack Barnhart and Betty Barnhart.

So who is this man? Adkisson is a 58 year old who lived in Powell, Tennessee. Adkisson was having difficulty finding employment. The man apparently had a degree in mechanical engineering yet last worked in 2006 as a truck driver. Adkisson apparently had been divorced from his fourth wife for several years. In 2000 he had allegedly threatened his wife Liza. However, other than two driving under the influence of alcohol charges, Adkisson appears to have no criminal record.

So, what set this man off? Adkisson had recently been notified that his food stamp allotment was about to be reduced by the the state. So, perhaps it was out of desperate frustration, that Adkisson walked into a church's sanctuary during a children's musical performance of Annie and opened fire with a shotgun. Was it hatred? Adkisson wasn't a member of the church, but if convicted of first degree murder, he will become a member of the incarcerated murder's club. While incarcerated, he may have trouble finding others who share the believe that liberals should be killed because they are ruining the country. Ironically, Adkisson apparently believed that Democrats had tied our country's hands in the war on terror. Yet, he himself apparently inflicted terror on innocent adults and children.

Adkisson note reflected hatred for gays and what he called the liberal movement. The church in question welcomed gays as part of its outreach and welcoming programs. The church's web site reflects that the church has worked for social change -- including desegregation, women's rights and gay rights.

Adkisson once was a member of 101st Airborne Division. His service began in 1974. He was released from active duty in 1977 and discharged in 1980. He served as a helicopter repairman. Neighbors described Adkisson as a nice guy. His landlord described him as a good tenant. Now he is a tenant of the local jail with a $1 million dollar bail.

Legal Pub Cautions that all suspects are innocent until proven guilty!

Monday, July 28, 2008

Iowa Revisits Art v. Profanity Issue in Judge Timothy O'Grady's Court Room


During a week when reunions are a common theme, Legal Pub revisits the controversial topic of art v. pornography. Recently, a small town in the State of Iowa has become a focal point in the controversy. Iowa's state's public indecent law prohibits strip clubs but allows nude dancing at "art centers." In the town of Hamburg, population 1,200, District Judge Timothy O'Grady entertained oral arguments in July of 2008 involving an art center which has nude models. The case is currently under advisement.

What makes the case even more interesting is that a 17-year-old niece of Sheriff Steven MacDonald removed her clothing at "Shotgun Geniez" in Hamburg. Owner Clarence Judy was subsequently charged with violating Iowa's indecent exposure law. The defense argues that state law prohibiting nudity does not apply to a "theater, concert hall, art center, museum, or similar establishments" devoted to the arts. Since dance is an art, like sculptures or paintings, it is protected. Clarence's club is arguably a place where people can exercise their artistic tendencies and literally perform argues Clarence Judy's lawyer, Michael Murphy. Is it art? Murphy says the club has a gallery selling collectible posters and other art. The club provided customers with sketch pads. (Does it encourage freehand expression of ones talents?)
Fremont County Attorney Margaret Johnson, strongly disagrees that this club is engaged in protected activity. She argues that this is a case involving a naked, underage girl. Clarence Judy counters that you have to be 18 to be in the club. He claims that the 17 year old sneaked into the establishment.

The prosecution argues that the exceptions to the state law was intended to allow movies to have brief nudity and to allow art galleries the freedom to display paintings or sculptures involving nudes. A 1998 case involving the Southern Comfort Free Theatre for the Performing Arts in Davenport, Iowa declared nude dancing to be "art." But Judge O'Grady will not be bound by that case as precedent. He will decide the current case on the facts and his interpretation of the law. Regardless of how Judge O'Grady rules, the case will probably end up in the Iowa Supreme Court because a definitive high court ruling would give guidance to clubs throughout the state. In a day and age when murder investigations have become too common place, it is not surprising that so many of the male Legal Eagles offered to go to Iowa to investigate these clubs.

Saturday, July 26, 2008

Bubba May Have Shot The Juke Box; But Keith Walendowski Blasted His Lawn Mower ~by Legal Pub


Yesterday we shared the passing of Randy Pausch. LINK For the friends and family that kept Legal Pub as one of the top sources as to Randy's accomplishments and struggle against pancreatic cancer, thank you. Today we bring you the levity out of Milwaukee that Randy would have advocated. Keith Walendowski is a 56 year old man who may have a point despite making a mistake. He got upset that his lawn mower would not start, so he shot it. No one was hurt, the lawn mower was not hospitalized, and it did not file charges. Yet Keith finds himself charged with felony possession of a short-barreled shotgun (or perhaps a rifle.) Furthermore, Keith is charged with misdemeanor disorderly conduct while armed. At first blush, a misdemeanor may be in order, but a felony?
Pleadings reveal Walendowski was upset because his Lawn Boy wouldn't start. So he blasted it. Who has not had such a thought cross their mind when a machine frustrates its owner? Who among us has not hit a malfunctioning machine with our hand or tool? Explained Walendowski, "I can do that, it's my lawn mower and my yard so I can shoot it if I want." Apparently not.

Here is the worst part of the story. Who complained? A woman who lives at Walendowski's residence reported the incident to police. Why? She apparently was intoxicated. As a result of her drunken judgment and Walendowski's apparent temper tantrum, Keith may be fined up to $11,000 and imprisoned for more than six years if convicted. That is a heck of a penalty for one moment of bad judgment associated with machine rage.
Now before Legal Pub is inundated with emails about being too soft on crime, consider the following: One, possessing illegal firearms is never to be condoned. Yet how short the barrel was is not known. Furthermore, it is not clear Keith knew the barrel was too short. Do you know the minimum length of a barrel in your state? Second, Keith apparently does not have a criminal record that has been made public. Thus, a felony charge seems harsh. Third, does the crime require mens rea (intent?) From Keith's comments to the press, it is clear he did not intend to violate any law. While ignorance may not be an excuse, in this case it is pretty clear that Keith felt this was his property and he should be able to do with it what he pleases as long as he does not hurt any one else. Keep in mind. It's Keith's yard, Keith' mower and no one was endangered by his actions.
More facts need to be discovered. However, if Keith does not have a prior record, a felony conviction seems excessive. Probation and anger management may be in order, but abuse of a machine should not be treated the same as abuse of a person or animal in our limited view peering into the window of Wisconsin justice. Have a great weekend and remember, treat your machines well. It is hot out there and they deserve our love and affection.

Friday, July 25, 2008

Did Demetris McCoy and Vanswan Polty Not Only Violate the Law of the State, But Also Violate the Laws of Common Sense?


Children are our future. We must treat them well and let them lead the way to a brighter future. This future does not include clouding our youth's vision with marijuana before they can ride a two wheeler. Demetris McCoy, 18, was convicted and sentenced for encouraging his two and four year old nephews to smoke marijuana. Even more incredibly stupid is the fact that he did so on video. Demetris McCoy has been sentenced to 8 years in prison based on two charges of injury to a child/causing bodily injury. McCoy has also agreed to testify against his co-defendant, Vanswan Polty, age 19.


Just how idiotic were these two young men? The video captures one teen lighting a marijuana cigarette in the 2-year-old's mouth. The toddler is then told to pass it to his brother. Drug tests revealed both marijuana and cocaine in the toddlers. The mother, who was sleeping at the time, was not arrested. Since this incident, the children have been placed in foster care.

Jail time? McCoy also pleaded guilty to two burglary charges. His eight-year sentences for those offenses will served at the same time. Vanswan Polty is charged with two counts of injury to a child, three charges of burglary and one charge of failing to identify himself to a police. Polty remains in jail pending trial.

Thursday, July 24, 2008

Does Aaron Mohanlal Serve As An Example of A Break Down In The System?


Sometimes, the system breaks down. Don't get me wrong, for over 200 years our system of justice has demonstrated it is second to none. But every once in a while, something just does not seem right. For example, Aaron Mohanlal, a South Florida middle school art teacher, apparently forced a boy to have sex in a classroom supply closet, yet he has not had any prison time. (Mohanlal is out on bond.)
Allegedly, Aaron Mohanlal would allegedly sometimes take the seventh grade boy to his home for sex. To keep the boy quiet, Mohanlal supposedly bought the 13-year-old a cell phone. When the teacher was arrested, hidden video allegedly shows the teacher attempting to destroy threatening letters. A Broward County jury convicted Mohanlal of 13 counts, including child abuse, molestation and lewd battery. Mohanlal was sentenced him to 43 years. Nevertheless, a year later, Mohanlal is still out on bond while his case is on appeal pursuant to the order of Broward Circuit Judge Marc Gold.
According to CNN, while out of jail on bond Mohanlal has been allowed to work a construction job. (He resigned from teaching in 2005 after his arrest. ) While Mohanlal's address is on the state's sex offender registry, that is little counselation to the victim and his family.
Mohanlal's appellate attorney is Tom Odom. His client currently enjoys the right to live, work, travel and attend church in South Florida. Mohanlal only restrictions appear to be a GPS device, registration as a sex offender and the surrendering of his passport. Mohanlal also cannot contact the boy or his family. Mohanlal posted $610,000 bond according to legal documents.

Post-conviction bonds are rare. However, they are sometimes granted if there was a procedural error during trial. No such procedural errors are known, but anything is possible. In the absence of a conviction for murder or sexual battery, Florida defendants without prior felonies are eligible for post-conviction bond. It just is very rare that it be granted without a suspected procedural error. (Mohanal was convicted of second- and third-degree felonies.)

Does it seem like a break down in the system? Yes. He has already been convicted. Barring a procedural error likely to warrant reversal, Mohanlal ought to be a guest of the Florida penal system in our view.
Update 7-25-08: Think Legal Pub is not well read? Guess again. One can't help that between CNN and Legal Pub, the word of justice gets out. Yesterday, the Broward County prosecutor filed a motion to reconsider the $610,000 bond. If granted, Mohanlal will be brought back into custody.