Showing posts with label Police testilying. Show all posts
Showing posts with label Police testilying. Show all posts

Around the Blogosphere the Week of 12/14/08-12/20/08: Part III- In and Around NY and Long Island

IN part III of this trip around the Blogosphere I found myself looking at some of the things happening in legal life around "here." ("Here" is Long Island and the five boroughs of NYC)

1. In the News on Long Island; Freaky Driving stories:

A. From Newsday (off twitter feed): A Long Island woman jumps from a moving SUV because the driver didn't want to take her to a bar. He wanted to eat dinner. She died. I heard of dying for a drink, but this one is ridiculous.

B. Also from Newsday Suffolk County Cops taze a 62 year old driver who is experiencing bleeding on the brain. He refused to follow orders of cops, they pull him over, he won't get out of car, they taze him, have to then take him to the hospital and wind up saving his life... Now that is making Lemonade from lemons.

2. The Agitator has this post on the indictment of a NYC Police Officer who attacked a guy on a bike, then arrested the guy for running into him!! The officer probably would have succeeded in getting the bicyclist busted on Felony charges had there not been somebody there with a camera phone taking a movie of the incident. The camera man gave his recording to reporters and the cop is now the first cop to be indicted for "Testilying" in as long as I can remember. Radley of course uses the indictment as a teaching opportunity. He scolds Pennsylvania prosecutors for using an old privacy law to allow cops to prosecute people who take photos of them while they "fail" to do their jobs.

3.NYS Governor David Patterson will be appointing a new Jr. Senator from NY to replace Hillary Clinton if she becomes the new Secy of State. So far we have Caroline Kennedy and Fran "The Nanny" Dresher. I would love to throw my hat in the ring too, as it seems the only qualification you need is that you have no qualification...
Ok you have to be at least Thirty years old.

Anyway, Kennedy is campaigning for the job (Dresher was on Larry King but she has a snowball chance in hell of getting the job unless she runs for it and gets a voice coach) Now here is the thing
In this story Caroline says she is a "Clinton Democrat". Now that does nothing for me but assuming it does something for a democrat, How can she call herself a Clinton Democrat when she supported Barack Obama against Clinton for President??? (Maybe Caroline is more qualified for the US Senate than we think, she clearly already knows doublespeak.)

Then I notice her voting record in general elections is "spotty". That means sometimes she doesn't chose to vote. Now while it is popular to say that it is everyone's duty to vote, I for one do not agree. I refuse to vote when I think that I am voting for the lesser of two evils. That is usually how I feel when I vote for President and sometimes Governor but at least there are lesser offices I might care about. I also do not vote when I don't know anything about the candidates or their opinions. I see nothing wrong with that. (About not voting, not knowing positions is a different post entirely, sometimes that is not my fault.)

Ms. Kennedy-Schlossberg is not unqualified to be a Senator from NY because she has missed votes, nor because she has never held nor run for public office. She is unqualified because she knows nothing of the needs of New Yorkers and we do not need another celebrity senator coming from this state when there are a number of people who do know what they are talking about and what to do about the issues. Unfortunately none of them are even in Congress right now.

Finally there is this interesting choice for US Senator, one that the Governor should really think about, one who has served our state very well over the last 20+ years and who is well aware of the needs of the people of our state. I think Eric Turkewitz of New York Personal Injury Attorney Blog is on to something when he recommends Chief Judge Judith Kaye who retire in 2 weeks to be our new Junior Senator. The only qualm I have with Eric's post is that he compares Ms. Kennedy with Pres. G.W. Bush. I am sorry Eric, there is no comparison. Caroline was an excellent student and a very good child. She has always been thoughtful and concerned about others while she guarded her privacy. Comparing her to Bush is like comparing the Pope to Saddam Hussein. Still I think Judge Kaye would make a great democrat possibility for US Senate.

4. Finally, The New York State Bar Association has a general Practice committee. It has a blog. The blog written by Leonard Sienko has a lot of important stuff on it. You don't have to be a member of the State Bar to read the Blog. So READ THE BLOG!!

Two important posts:

A. NY has finally adopted the Model Rules for Professional Conduct. It goes into effect in March 2009. I will be blogging on that I imagine a lot in the next few months.

and

B. The IRS is willing to help struggling homeowners refi and sell their homes by allowing Federal Tax liens to take a secondary position to some mortgages. It's a start anyway.


5. Over at the Divorce hotline, Janine Barbera (aka MatMaven) has a post about the way some judges just lord over a court, forgetting the people that use the court are not there to serve them so much as to be served by them. The post is short on facts but that is fair, Janine wants to be able to continue to practice law. Besides if any judge she appeared before in the last couple of days sees himself, then he should CHANGE HIS WAYS!!!

Q: In the meantime here is a quiz... What is the shortest time span known to man??

A: The period of time it takes for a newly minted judge to forget he was ever a practicing lawyer...

Ok that is a generalization, but sadly it is true way too often. Maybe it is something they should address in judge's school.

OK so much for Part III.

Stupid Cops Are As Big a Threat To Kids as Stranger Pedophiles: Two Cases of Keystone Kops Actions That Will Scar Innocent Children For Life

My first civil rights case, was on behalf of a Haitian kid who had the temerity to cut his grandfather's lawn while being black and wearing dreads... no joke.

Three dolt cops were looking for a car with the license plate WTZ 469 my client had a plate, WZT 469. The car they were looking for, a stolen vehicle, was a white SUV. My client's car was a green coupe.

They watched him as he took a lawn mower out of the back of his car, and started to mow the grass at his Grandfather's house. Then these dyslexic cops jumped out of their car, without identifying themsleves, jumped him onto the cement sidewalk causing contusions to his face, and set off a mini-riot as people were yelling at them for arresting an innocent kid. His mom (the rightful owner of the kid's car) pulled up and tried to tell these idiots that the car belonged to her. No matter. They slammed the kid into the vehicle so hard that his face broke the window!!

Backups had to be called in to quell the disturbance, and while that was going on one of the jerks calls into the precinct only to learn they had the wrong car. Now one would figure that such a finding would result in releasing the kid, apologizing and of course telling the kid to contact the department to pay for the damages to his face...Right.

No the cop on the radio informs the patrolman to switch to another "unmonitored" channel and then they have a conversation about how they better arrest the kid and the mother and charge something or they are going to pay a lot of money out to some "%^&ing Lawyer and the kid". So they arrested the kid and the next day his mom.

Case got dismissed and then I sued. Why? Turns out an amateur radio operator was "monitoring" the band the cops used to come up with the story that they were going to tell. There was an internal investigation... No charges brought. My case settled for just under $25k + free medical and attorney's fees. Kid was happy, and at the time, I was happy. Looking back, I wish we had gone whole hog on it, you know trial and all. On the other hand, it was the early 90's and pre-Louima so who knows maybe it would have gone no where and $25K was all we would have gotten. Maybe the press could have cared less. One thing I know, though is that this wasn't isolated in Nassau County NY and it sure as hell isn't isolated in America.


So you can imagine my frustration and anger at reading these 3 posts by Tony(c) award Winner in News blogging The Agitator's Radley Balko

The Dymond Milburn case (posts one and two) especially has my attention. Here is a 12 year old girl, black doing a chore on her own property in Texas. 4 plainclothes cops who are supposed to be looking for 3 white sex workers attack a little girl thinking she is one of the white sex workers??? I am sorry but WTF!!!!.

They are trying to take her away and she is holding onto a try screaming for help. They are beating her up with flashlights and she is afraid she is about to be abducted! Her father comes out and he is tries to explain to these "officers of the law" that the child is 12, a middle school honor student and not a prostitute.
His protests are met with: "I don't care if she is twenty-two, thirty-two or forty-six, tell her to calm down."

Ok, tell me why that asshole shouldn't be shot on the spot by the father? Maybe he had identified himself to the family at that point. Ok don't shoot, but still "I don't care if she is twenty two thirty two or forty six..."??? Screw him, all he wanted was to be in control of a situation that he caused to be out of control in the first place. Oh and did I mention they told her they were gonna shoot her puppy which had come to her aid with barking and biting.

Now for those of you who say that this is only one side, I agree and I still do not care...SHE IS 12. Can anyone imagine what would have happened if one of these Keystone Cops had a taser??

Finally it comes to an end, the kid goes to the hospital for her physical injuries which are fairly serious (two black eyes and wounds to the head consistant with being struck with a flashlight), and the Chief of Galveston Police sends her a dozen roses and an apology right? WRONG!!! No, they go to her SCHOOL three weeks later and arrest her in front of everyone else for resisting arrest and injuring AN OFFICER!! Geeez can they be more arrogant?

If you have the stomach for it, take a look at the complaint. Trust me, if you care an iota about what is left of Civil Rights in this country you better have a barf bag available.

Now even if the first part were entirely made up ala Tawanna Brawley, why did they have to arrest her at school??? SHE IS 12. What part of "12" do these dumb bastards not understand. Call her in, go politely to her home. Why embarass the child? Why is the Governor or Texas not sending his best Assistant Deputy Attorney General and his top State investigator down to Galveston with an order to bring him back some badges?? Maybe it is because Dymond is black, and her parents are poor, and so, well, maybe they think it will go away.

Has anybody seen this on the MSM??? Is Katie Couric focusing on this mess? No, but trust me, I have seen the power of Radley Balko's blog following, and there is about to be some hell to pay. I don't have his readership, but I too am pissed and I want some answers. I will be forwarding this post and a letter to my Congressman and asking that we fix 42 USC 1983 to give it the teeth it had before the SCOTUS and friends dismantled it.

As for the child, Dymond Milburn, she has nightmares about being carried off in the night and being raped by cops. Surprise!


BTW Balko got his story from the Houston Press

Then there is the attack on three kids when SWAT came into their bedroom... well maybe I will have more time for that one later. Oh yeah, the police are still shooting innocent animals too.

People v. Jason Z. A Win For That Lawyer Dude: False Confessions Are More Frequent Than We Want To Admit

I achieved another big win for a client in Queens! This one was in the Grand Jury. No true bill equals not enough evidence for the Grand Jury to believe that my client committed a crime. In other words, my client was falsely arrested and held in jail for quite sometime.
Why? Because Queens Burglary Detectives coerced a false confession from him.

Here is what happened. My client is home "chillin'" and his buddy asks if he can drive him and his friend to the friend's girlfriend's house. He lets the kid drive the car since he knows where they are going. When they arrive, the second kid asks if my client will stay a second while he goes to see if anyone is home. Needless to say, these two "friends" are really trying to burglarize the home. They fail. They come back to the car and are acting strange. When Jason asks what is wrong, they tell him of their real intent. They are in a gang and they are pulling burglaries. My client tells them he is not interested in helping them and an argument ensues. Finally the second friend pulls a revolver from his waistband and tells my client he knows where my clients wife (who is pregnant) lives. The gunman tells my client to drive them somewhere and then to look out for them. He will give my client Five hundred. If the client says no, he will give him a bullet to the head. My client drives to where he is told. He hands over the keys and goes to the corner where he is to look out. He never stops however. He keeps walking to the Boulevard, catches a cab and goes home.

Should he have called the police, probably. Was he afraid of what might happen if he didn't tell? Absolutely. Like I said he is a kid, 20 years old, is married to his HS girlfriend and is expecting a child. He was holding down two jobs and going to college and pulling good grades. Never in trouble before, and scared.

Later that day, when his friend doesn't show up for the car, he starts to worry about where it is. He calls the friend but no answer. He calls his cousin and the cousin tells him that he will pick up Jason's wife from work and will get the key and go with her to pick up the car. Why would his cousin do this? He feels responsible because he introduced the two idiots who are gang-banging to Jason.

When they go to get the car, Police, staking out the car, arrest the cousin and my clients wife. They later also arrest my client's dad. My client gets a call to go to the Precinct and tell them what happened or they will keep the other three in jail. My client's mom calls a lawyer (sadly not me) and he advises the client to go down and not to speak to police. Right!! He didn't go with him to the precinct to protect the client's rights. He didn't call the cops to tell them not to question the client. He didn't want to get really involved until he got paid. I understand, but I do not agree. When I get a call like this, I tell the client I will meet him at the office and go with him to the precinct or I get him a lawyer who will be willing to go to the precinct and work out a payment plan with the client. I never advise anyone but a cop to go to a police station without a lawyer ever!!

My client arrives and he goes to the detective squad where he sees his pregnant wife crying. Cops tell him that if he doesn't tell them what happened, they will hold his wife and put her in Riker's to have the baby. He tells them what happened. That won't do. You will confess or she and your elderly father go no where. She has the baby in the jail. On the Floor. She will be in general pop (general population) where other gang girls will try to kick the baby out of her stomach as a gang initiation. My client has no idea that they are lying through their teeth, that they don't have a leg to stand on to hold his wife or his dad. He has no idea that there is a medical facility to help with pregnant women prisoners. His wife is hysterical she doesn't want to have her baby in jail, she doesn't want them to take her baby away from her. She did nothing and was at work all day (a fact that didn't seem to matter to the police) Jason is nothing if not an honorable kid. He signed the confession they dictated so his wife would be allowed to go.

Jason's lawyer (the one that let him go down to speak to the police alone)wanted Jason to plead guilty and go to jail for 8 years. Eight birthdays for his newborn missed, eight years that will dash any chance for him or his family to have a decent life. He decided to fire that fellow and he hired me. I heard the story and immediately told Jason that he had to go into the Grand Jury and tell them what happened. He did. The result was a "No True Bill." That means there wasn't enough proof to give the police cause to arrest my client.

How can this happen?? It happens because the police believe that a confession will end the issue. Juries always believe these stories and lawyers don't believe in their clients so the case will get pled out and no one will be the wiser. After all they are the police, they are always right no? NO NO NO.

One reason false confessions happen is because the police are allowed by the courts to lie. They are allowed to lie to defense lawyers, they are allowed to lie to defendants, and ultimately they lie to the court. It is an unspoken part of the game called testilying. Judges over look those lies in hearings and lawyers believe that if the confession is not knocked out in a hearing, it is going to hang the defendant at trial.

Another reason is that the police use internally coercive investigatory and interrogation techniques. The latest use of such subtly coercive techniques is in the interview of an eight year old who is accused of killing his father and father's friend. Look at how they investigators continue to play on the child's feelings. How they say "now is the time where we promise to be honest with each other... except they are anything but honest. They lie and tell the child about witnesses who will say something different from the child. They ask him the same questions over and over until he gives them the answers they want then they move on, a way of getting the accused to know how to get their approval. I don't know if the kid killed his father or not, I do know that if I was on the jury I wouldn't rely on the "confession" in that case to convict the child, and I wouldn't put much belief into cops that lied to a suspect and now claim to be telling me the truth.

Hattip to Gideon over at A Public Defender Blog

Victory for That Lawyer Dude's Client in Queens NY: Jury Acquits Clients of All Charges! They Too Believe NYPD Lied

I am very proud of our jury in Queens today. They were presented with a case where police lied and they stayed with the case till the very end, didn't form any opinions and watched as police officer and detectives lies unraveled before their very eyes. The pressure on our clients to plead guilty. I was not my client's first attorney. He switched because his old lawyer told him to plead guilty to something he didn't do. The lawyer told him "It will be your word against the word of an eyewitness police officer, who do you think a jury will believe?"

I blogged the facts of the case yesterday. I am so exhausted from the stress of waiting a verdict I don't have the strength to add a new blog tonight.

I just want to say to any young (or old) criminal defense lawyer, or to clients out there, next time you are about to say, "it is your word against the police, who do you think the jury will believe" ask yourself, are you doing this for the client, or are you just afraid you won't be able to do the job you need to do.

I am going to spend a little time in my next post talking about how a good cross-examiner, uses little lies and big lies to creat doubt or get out the truth.

For now, I want to thank my co counsel, John Scarpa, a brilliant cross-examiner, a ferocious advocate, and a brave fellow brother lawyer for his leadership, and friendship. I want to Thank Acting Supreme Court Justice Latella for giving my client and I a fair trial. Finally I want to thank my Clients for trusting John and me enough to take a chance with their lives on our work, and I want to thank the 12 Queens County NY Jurors for upholding the law, both its spirit and its letter. Thank you all.