Stacy Schular and Insanity

I recently stumbled upon this story and just read here that good old Ms. Schular's pleas of insanity were rejected by her Ohio jury who convicted her of many, if not all, of the allegations made against her. I have to admit that I was a late comer to this one so I can't intelligently weigh in with an opinion about the case itself - and the legitimacy of her defense. But, as an experienced criminal defense attorney, I can say that sometimes you either have to go with the best defense you have or the only defense your client is willing to present regardless of the chances of success. This is not an enviable place to be as the defense attorney (not to mention the client/defendant), but if your client doesn't want to plead, you gotta try their case to the best of your ability....roll the dice with the jury, and see what comes up. Apparently for Ms. Schular, it was seven-out, craps, a loser.

Reading about this case, and part of the reason for this post, was that it reminded me of a book I read recently that I thoroughly enjoyed (recommendation and explanation to come immediately below). I thought of it due to one piece of testimony I heard about in the Schular case. Specifically, it was reported that one witness testified at trial that long ago, Ms. Schular had admitted most of the allegations to her saying that if she (Ms. Schular) got caught, she had her defense already all planned out. What was that defense you eagerly ask? Yup, insanity. Well, you can't say that sex crazed, alcohol-providing, gym teacher, Ms. Schular isn't true to her word.

And, where were all these teachers when I was in school?? My gym teacher was always some old dude in Bike shorts screaming at us to change our clothes and "get out there" - no booze, no sex, thankfully. Now, there was one creepy science teacher who was clearly gay and possibly a pedophile. He would take a liking to some students each year, not me, again, thankfully. But, he was known to provide some booze and maybe even some pot if you were lucky....I never heard about anything sexual, but he sure was creepy. But, I digress.

ANYWAY, if this witness was telling the truth, it is interesting to me because it tells me one thing about Ms. Schular - she may or may not be insane, but she surely is a psychopath. And, that brings me to the book I read. I originally heard about this book while watching The Daily Show. The author of the book was a guest on the show, see here.

So, when I saw that, I decided since I was a criminal defense attorney, I should probably educate myself some more and read this book. My only point is that regardless of how you feel about Ms. Schular, her defense, or her conviction, you should read this book whether you are a criminal defense attorney or not. It was fascinating, and here's a little sneak peek from the author himself, Mr. Jon Ronson.

In totally unrelated and yet still interesting news, a local Portland attorney has made a fantastic film that I have not yet seen but want to because in addition to my work in criminal defense, I also handle personal injury cases. It is called Hot Coffee and it's a documentary about that famous McDonald's coffee case and the bigger picture of the ongoing debate about tort reform. Rather than bore everyone with a lengthy discussion about the pros and cons of this issue, here's my take:

Everyone can get on their soap box and talk about tort reform all they want. The bottom line is this: if they, or a loved one of theirs, was seriously injured or harmed by someone else (negligently or otherwise), you better believe that person would be none too happy about their damages being capped or their case being barred from court or a jury of their peers because of tort reform. That, to me, is the whole issue and kills any arguments in favor of so-called tort reform. Its analagous to the pro-lifers who, when faced with an unwanted pregnancy of their own, or of a loved one, would privately advocate for an abortion.

Anyway, this Portland attorney, Susan Saladoff, was recently on The Colbert Report, and, in my opinion, did an excellent job. See that here, and see the movie!

Finally, in somewhat related news, another Portland attorney got a record setting verdict against the State of Oregon for abuse suffered by a young boy while in the foster child system. Again, I cannot claim I know much about the facts and the tort reformers may say this is terrible for our financially floundering state, but, while all that money won't change what happened to that little boy, it sure could help and I'm not about to say that after all he's been through (and will have to go through in the future), he doesn't deserve it.

Amanda Knox FREED!

Many of us have followed the Amanda Knox case for years.  It's hard to believe that in this day and age, a factually innocent defendant could still be convicted of murder and spend years of her life incarcerated.

Knox is one of the lucky ones.  Her conviction was overturned and she's going home to Seattle after serving four years in prison for a crime she did not commit.

I guess you could say that the West Memphis Three, who spent nearly two decades in prison for crimes they did not commit are lucky as well - they didn't die in prison.  Sadly, the prosecutors  required the three to plead guilty in exchange for their freedom - despite the fact that the evidence overwhelmingly proved that they had nothing to do with these crimes.

Troy Davis, on the other hand:  not so lucky.  Despite countless witnesses recanting their testimony. Despite, weak and shoddy evidence, the state of Georgia executed him anyway.  138 innocent people have been released from death row.     Unfortunately Troy Davis was not one of them.

So my question for you:  if you execute an innocent person.  If you insist on carrying out an execution despite there being solid evidence supporting innocence.  If you are too arrogant to admit that you made a mistake and someone is put to death because of that arrogance, shouldn't you be charged with murder?

Congratulations to Amanda Knox and her family.  Congratulations to the West Memphis Three.

Condolences to the Davis Family.

Get This Camera Phone Thing Figured the EFF Out!!

Saw this article (and the video above) in follow-up to a previous post. We have a recurring issue here that the courts (or the legislature) needs to figure out fast.

The frequency in which these events are occurring are getting a bit out of hand. People are being charged or threatened with charges (or their phones are being confiscated) at an alarming rate. And, no one seems to know what the correct and current state of the law is at the local, state or federal level.

As discussed in our previous post and in the article linked above, federal or state wire-tapping laws prevent the surreptitious recording of someone's voice without their permission. Clearly, in my humble opinion as an experienced criminal defense attorney, these laws were aimed at preventing people from recording private conversations without permission - a well-intentioned law now, as always happens, being abused. Again, as an attorney who practices both civil and criminal law, I am not sure how one could interpret these wire-tapping laws to mean that video or audio taken in public like the one above (or many like it) fall within what the legislature intended when it passed these laws - how could it?

And, what's worse, is that police - who work for US mind you, the citizens who pay taxes and hence their salaries, claim the authority to stop us from videoing or recording public displays of police activity under the auspices of these wire-tapping laws. This is just wrong (in my opinion, some may differ - do you?). If you watch the video above, near the end, you'll hear an officer say that very thing. And, if you read this blog post and accompanying comments, you'll see that no one who's reporting these events (ore reading the articles) really seems to know what is legal and what is not.

As the article linked above explains, the ACLU has now stepped in to file suit (or threaten as much) against the police for doing just this. A private citizen recorded this event at this year's Preakness Stakes near Baltimore, MD. This is, obviously, someone else's video of the same event. The police confiscated his camera and deleted ALL his videos including video of things he had done with his children that he can never recover. Not the world's biggest crime, but as a parent of two youngsters, I would be big time pissed if this happened to me. These are recordings of things his children did that he can never get back.

My understanding of the law is that it would be illegal to record someone when they have an "expectation of privacy". So, who can claim an expectation of privacy when doing anything (short of dropping some kids off at the pool in the bathroom) at the effing Preakness!! Especially the police who say that they have an expectation of privacy as they beat the $*!#@ out of some sloppy drunk girl who (allegedly) took a swing at one of them. Does this pass the smell test? Or, as we used to say in law school, can you make that argument in the mirror without laughing? If not, I think you know what that means....

Please fix this! While I am all for recording everything (in public, mind you), especially as a criminal defense attorney, if the legislature wants to outlaw this, then do it!!! Take everyone's camera phones away. Otherwise, we need to realize that applying these laws to these circumstances is poppycock (yes, I did just use that word).

Have a great weekend everyone - and please, if you see me doing something ridiculous, please do not record it. However, if that's me getting pummeled by the authorities, video away! I know some great lawyers to help both of us.

We miss Big Love as much as the next guy...

But this dude is no Bill Henrickson.  The problem with misogynistic, abusive religious zealots who convince their followers that they are a prophet, is that they ruin it for the average middle-America hardware store entrepreneur  who just has a lot of love to give.  


Mr. Jeffs, we wish you the best in general population.  Please don't drop the soap. 

Cellphone Technology Continues to Change the World

Saw this article today. As a criminal defense lawyer, this is exceptionally upsetting and yet brings me some optimism too.

I have practiced criminal defense representing the accused for a good part of my ten years practicing law. So, I have seen first hand the slimy tactics and abuse of power the police practice on a daily basis. And, way too often, those practices are then passively endorsed when the agencies responsible for policing the police - be it the local district attorney or some police watchdog or internal affairs agency - allow those practices to continue without penalty, rebuke, sanction, or reprimand. This is one of the most offensive things to occur in a civilized society where the police are charged with protecting and serving the constituency, not taking their tax dollars and abusing them.

What occurred in this case is akin to what we sit back and judge those dictatorships and theocracies in the Middle East and elsewhere for doing to their people. I'm here to say, as an experienced criminal defense attorney in the alleged most free country in the world, this shit is happening right here in our beloved country and its jacked up, really jacked up!

To explain if you don't want to click on the above link and read it for yourself - Chicago police responded to a routine domestic violence call. Per normal routine and policy, the officers separated the occupants to interview them. The officers brought the female into her bedroom where she alleges she was groped and sexually assaulted by the officers. (This, btw, seems to be an ongoing problem with the Chicago PD - see here.)

The issue here is that when the victim of the police-groping went to file a complaint with the Chicago police watchdog organization, she was (I'll keep my criminal defense attorney hat on here and say, allegedly) discouraged from doing so. Unhappy with the way she was being treated during this internal affairs meeting, the woman began recording her conversation with the agency representatives.

So, get to the point, right? Well, the point is not what happened to the alleged domestic violence charge, or the allegations of sexual assault against the officers - the point is that this woman is now being prosecuted for taping or attempting to tape this conversation without the consent of the other parties. And, the real fucked up part of this equation is that she's facing the same amount of prison time for taping a conversation as the officers alleged to have sexually assaulted some women. In other words, the offense of recording an on-duty police officer is a Class 1 felony in Illinois - the same degree as rape. Are you shitting me!? Gotta love those legislatures!

In related news, this article linked to this article. Here, our beloved officers of the law opened fire on passengers in a vehicle for, as of now, unknown reasons. As the officers approached the vehicle and drew their weapons, a bystander in his own vehicle began filming them with his cellphone. After the shots were fired, the officers pointed their guns at the innocent bystander ordering him out of his vehicle. They threw him to the ground and snatched his cellphone from him. They then destroyed the cellphone.

After taking the filmer to the station, taking his photo and interrogating him, they released him. What they didn't know is before they took and destroyed the phone, the guy removed the memory card and hid it. He showed the video to the local newspaper - it has not yet been released. Four other innocent bystanders were shot in the original hail of bullets.

Without sounding repetitive, as a criminal defense attorney, my colleagues and I have often wondered why all police interactions, especially interrogations, aren't filmed or otherwise recorded. This is no argument about the ability to do this - or the cost as the technology to do this is certainly readily available and well within the mammoth enforcement budgets most police departments have....so, why not, right? There is some reason the police don't want to record these interrogations, right? Anyone out there posit a guess as to why? From my previous blog post, found here, we know that a huge percentage of alleged confessions are later found to be false, right? So.....what do you think?

Protect and serve, eh?

Edie, you are a professional and a mother. How could you?

How could I religiously watch The Real Housewives of New Jersey? I’m a feminist. I’m a criminal defense attorney. I typically cringe at television shows that depict women as frail, dumb, boy-crazy, inept, greedy or shallow. Such women are pathetic. Such women have TERRIBLE taste. They literally get into fistfights in front of their young children. WTF, Edie? WTF?

I can’t get enough of this show.

Perhaps it’s the defense attorney in me. Throughout each episode, I find myself thinking about the various crimes these women could be charged with and convicted of: child endangerment, DUI,  fraud (declaring bankruptcy while driving a Mercedes, keeping a hair and makeup person on staff, living in a 10,000-square foot god-awful mcmansion), assault and harassment, to name a few.

Perhaps it’s the fact that the show confirms my theory that mothers who find ways to talk about their incredible mothering skills are in fact the very worst mothers. Am I really the only one who hates Caroline?

Perhaps it’s the fact that I feel better about myself as a mother whenever I tune in to this show.

Perhaps it’s that age-old quote “you can’t buy taste.”

Perhaps it’s the adorableness of gay, Jewish, Andy Cohen attempting to “moderate” these nutjobs.

Or perhaps it’s simply the opportunity to dish with my dear friend, the incomparable Scented Glossy. 

Or perhaps it’s just about my hatred for Caroline and my love for Jacqueline (the only semi-normal woman in the bunch).

Regardless, I profess to you all: This professional, educated, mother loves me some Real Housewives of New Jersey. 

See you at the reunion show!

Police Brutality

Saw this article in the news today. For most people who read this story and see the video, it is pretty shocking. Unfortunately for us criminal defense attorneys, it is an all too familiar story. Most likely when this girl ended up in custody and was appointed or retained a lawyer, she will tell them about the excessive force used by the officer. But, most cases do not have video evidence of it like this one. In those cases, a criminal defense attorney like myself can do little with that information unless there are independent eye-witnesses or medical reports detailing the abuse.

Otherwise, at trial we can cross-examine the officers about what occurred that day but I have a funny feeling that this push, will not be part of the officers' testimony, nor will it be included in their police reports about the incident. More often than not, these incidents occur without recourse, retribution, and worst of all, do not even make it into evidence in the defendant's trial, if they are charged.

Now, if one reads the entire story, they will find this girl was not some poor innocent teen attacked without reason. In fact, she is pretty unsavory herself. The officers arrived at the scene that day because the teen was being kicked out of school for being intoxicated and serving alcohol to other students. And, other parts of the video show her wrestling with her poor mother on the ground and even punching her mom in the head and face a few times. But, the story seems to indicate that this all occurred before the officers arrived and the video clearly shows a teenager calmly walking away from the scene.

Was she being insubordinate? Probably. Obnoxious? I would believe it. Had she done something wrong? I would certainly believe that and the video clearly shows it. Does any of that justify what the officer did to her? I wonder if opinions on that last question would differ? If so, please watch the video again. By the time the officers arrive (around the 1:30 mark), the scuffle between daughter and mother is over and she is walking away. Most likely the officer told the girl to stop and she did not listen. Having said ALL that (thanks again, Jerry Seinfeld), does any of that justify the tactic the officer used?

Apparently the "technique" is called an "impact push" which means that the officer not only used all his force to push this teenage girl down, but he was trained in how to do this. These criminal defense attorneys, have no objection to the technique used properly and in the appropriate situation, but was this the type of incident envisioned for its use? I think not; and I bet my partner would agree.

The other interesting part of this story is that the video was uploaded to You Tube in March - we don't even know when it was shot or when this incident occurred but it was at least a month ago. That begs the question, why are we just finding out about this now? Publicly at least, the local police department claims they were unaware of the situation. So, going back to my original point above, do you think this girl told anyone what happened? And, did anyone outside of the witnesses themselves believe her? Was anyone taking any action on her behalf or against the officer himself before the video became today's media sensation?

Finally, the current story is that the officer was placed on paid leave? This, I cannot understand but is always what occurs in this type of incident. In other words, Joe Q. Officer, you acted completely out of line and used unnecessary and excessive force on a teenage girl - how about a paid vacation?!? This is like suspending the truant student - does this make any sense?

Hopefully, this girl now has an attorney working for her. Some personal injury or civil rights lawyer should have a field day with this one now that the video surfaced and the media is involved. The problem is that this officer is going to end up with a slap on the wrist and will be back to his policing at his, or some other department, real soon. And, if not, he'll get a job as a security officer at a mall which leads me to my last piece of unfortunate but true advice: stay away from the cops at all costs and avoid other security too as best you can unless you absolutely need help (and even then watch out). Simply put, if you feel the need to act like an asshole, do it at home and if anyone else is home, make sure they don't have a phone or won't call the cops on you. If they do, this guy might be coming to "help". This might seem extreme but I can tell you, as criminal defense and personal injury lawyers, we have seen cases upon cases of people getting hurt or mistreated by those authorities who were supposed to be there to help. It's hell out there people...