FindLaw Blotter

Sex Offenders in Nursing Homes: IL Law Falls Short

2009-11-20T21:10:23Z

A gap in the Illinois law is part of the reason why most sex offenders living in nursing homes aren't listed on state police's online registry.

An investigation by the Chicago Tribune found facility administrators don't have to divulge the identities of sex offenders living in the homes. Instead, the law only requires homes to inform people of the state police online registry, which allows them to search for sex offenders by name (if known), city, county and ZIP code.

As a result state investigators say undercounting of sex offenders in nursing homes has become a serious problem. Many nursing homes are not safe and and consumers are not informed as facilities admit growing numbers of felons.

Here's the shortcoming of the law:

Although some sex offenders can remain dangerous for decades if unmonitored and untreated, many are no longer required to register with police if their convictions or final parole dates occurred more than 10 years ago.

Currently, California, Illinois, Minnesota and Oklahoma have laws requiring that long-term care homes receive notice about sex offenders who are admitted to their facilities.

Some states require notification of schools, churches or neighbors when a registered sex offender moves into an area. Fewer specify that nursing homes be informed when a sex offender is admitted.

Several states are now looking at laws addressing sex offenders in nursing homes and the notification procedures.

Although federal law requires every state to register sex offenders -- and to release information on their whereabouts when deemed necessary to protect the public. The law does not specify how -- or to whom -- states must give notice.

Related Resources:

Lawmakers look at sex offenders in nursing homes (USA Today)
Sex offender ban sought for homeless shelters (Boston Globe)
Registration of Sex Offenders (FindLaw)
Sex Crimes Overview (provided by Flynn & Associates, P.C.)
Sex Offenses Resources (provided by Bauer Crider Pellegrino & Parry)

Michigan Man Accused of Killing Son over Sister Abuse

2009-11-20T17:00:16Z

Jamar Pinkney Sr. lost control.

Fueled by anger when he heard disturbing news about his son having inappropriate sexual contact with his 3-year-old half sister, he reacted with rage.

Investigators say that rage could be why Pinkney allegedly made his son strip his clothes off and kneel in a vacant lot before he was killed by a single bullet execution style, CBS and the Associated Press reports.

Pinkney was arraigned today in a Highland Park courtroom. Michigan authorites filed a first-degree murder charge on Monday in the shooting death Jamar Pinkney Jr., 15.

The boy's mother, Lazette Cherry said she was only trying to get her son help when she called his father to inform him their son made a startling confession about improper sexual contact with his 3-year-old half sister.

That's when the enraged Michigan man showed up at her Highland Park home, Cherry told the Detroit Free Press.

She said Pinkney Sr. began pistol whipping their son in the living room. Next, he allegedly made the the teen strip off his clothes before taking him outside. He marched the naked boy into the lot and made him kneel down.

The boy pleaded for his life. He yelled, "No Daddy! No," as his mother looked on in distraught.

The Michigan man allegedly executed the boy with a shot in the head, police said.

In addition to first-degree murder, authorities also charged with Pinkney Sr. with three counts of felonious assault for pointing the gun at Cherry and two other people at her home before the shooting.

Defense attorney Corbett O'Meara is urging the prosecution to consider evidence of the father's state of mind over the sex abuse report.

O'Meara said the prosecution should take into account if something happen that would cause a resonable person to lose control of himself.

Typically, several defenses are used to mitigate voluntary manslaughter.

One example is provocation, where a defendant could be provoked by an event to lose control.

Another example is diminished responsibility or a mental breakdown. A diminished mental state may justify the finding of a lesser crime, but is distinguished from the insanity defense.

After the hearing, Pinkney Sr.'s lawyer addressed the media about whether her client feels any remorse.

She said he is in mourning and "[t]his is the most horrible thing that's ever happened to him."

The boy's mother said the 3-year-old girl was taken to a hospital to be examined. The exam showed no physical evidence of sexual trauma.

Judge Brigette Officer entered a not guilty plea for Pinkney ordered him jailed without bond until a preliminary examination Dec. 1.

Teen Confesses To Molesting Sister, Dad Executes Him (ABC News)
How Defendants' Mental States Affect Their Responsibility for a Crime (FindLaw)
First Degree Murder (FindLaw)
Domestic Violence Overview (provided by O. Joseph Chornenky, PC)
Juvenile Matters Inf Ctr (provided by Law Office of Christopher M. Cosley)

New York Assembly Passes Tough New DWI Law

2009-11-19T22:00:06Z

A new bill requiring ignition interlock devices for everyone convicted of driving while intoxicated is expected to reach the New York State Governor's desk this week.

The measure has passed the State Assembly and now needs a nod from New York's Senate.

If approved, New York will be one of only a dozen states that make it a felony to drive intoxicated with children as passengers and force first time DWI offenders to have an ingnition interlock device installed.

According to the New York Times, the new legislation, Leandra's Law, pushes for some of the nation's toughest drunk-driving penalties.

Leandra Rosado, 11, was killed in October after the mother of one of her friends, who has since been charged with vehicular manslaughter and driving while intoxicated, flipped her car on the Henry Hudson Parkway in Manhattan.

An ignition interlock device measures the alcohol content of a driver's breath and prevents the engine from starting if it detects a too-high level.

Under Landra's Law, drivers convicted of being drunk while carrying passengers 15 years or younger could face up to four years in prison.

There are 46 states that have laws permitting interlock devices for impaired drivers. However, the law is only mandatory for first time offenders in six states including New Mexico, Arizona, Illinois, Louisiana, New England and Washington.

A study by the National Highway Transportation Safety Administration estimates that if interlock devices were more widely installed, they would save up to 750 lives a year.

In California, Gov. Arnold Schwarzenegger of California signed into law a pilot program last month making an interlock device mandatory for first-time drunken drivers in four counties, including Los Angeles and Sacramento.

Here is a quick run down of of the legislation, which creates a new section of the Vehicle and Traffic Law and repeals the current version:

Makes it a felony to operate a vehicle with a blood alcohol content of .08, or impaired by drugs, with a child passenger who is 15
Requires first-time convicted drunken drivers to buy a device that prevents them from driving their cars if they have been drinking
Mandates that every person sentenced for a misdemeanor DWI, or DWI-related penal law felony, install an interlock device.
If a convicted driver tries to bypass or tamper with the interlock, he or she would commit a crime.

Related Resources:

Assembly Passes Toughest DWI Law In Nation (NY State Assembly)
State DUI Laws (FindLaw)
DUI Basics - DUI / DWI (FindLaw)
The Use of Ignition Interlock Devices in Drunk-Driving Cases (provided by Mark J. Madrigali)
DWI Overview (provided by Vergilis, Stenger, Roberts, Davis & Diamond, LLP)

Obama, the Death Penalty and Military Executions

2009-11-19T21:00:17Z

President Barack Obama has drawn criticsm lately not only for his administration's decision to go forward with the New York trial of the professed Sept. 11 mastermind but for his opinion that if Khalid Sheikh Mohammed is convicted he will face the death penalty.

Last week in the media, Obama said he is "absolutely convinced that Khalid Sheikh Mohammed will be subject to the most exacting demands of justice. The American people will insist on it and my administration will insist on it."

Since then, Obama retorted that he did not mean to suggest he was prejudging the outcome of Mohammed's trial.

But as discussed a previous post in the FindLaw's Blotter, there has been sharp debate among politicians and lawyers about the differences that play out between civilian trials and military commissions.

While Attorney General Eric H. Holder Jr. defends his decision to prosecute Mohammed and four other terrorism suspects in a civilian court, the president who also is a lawyer, may find himself juggling two roles.

Some critic's worry what Obama said and the prejudicial effect such statements might have.

On one hand, Obama acknowledges the risky move trying Mohammed and four others detained Guantanamo Bay, Cuba in civilian court. Yet, he is confident the federal courts can handle terrorism cases and have done so in the past.

"I'm not going to be in that courtroom," Obama told the Associated Press. "That's the job of the prosecutors, the judge and the jury."

On the other hand, as commander in-chief, Obama has presidential authority to make final decisions on executions resulting from military justice.

That may be the case for Abd al-Rahim al-Nashiri and the others accused of orchestrating Al Qaeda's 2000 attack on the U.S.S. Cole in Yemen, as well as Major Nidal Hasan.

Currently, Al-Nashiri is facing a military trial along with 10 detainees being held at the military prison at Guantánamo Bay.

The president's signature is required to sign off on a death sentence in military court. This is required by Article 71 of the Uniform Code of Military Justice. The Uniform Code of Military Justice is the foundation of military law.

However, the U.S. military has rarely executed a prisoner in recent times.

In fact, there have been no military executions since 1961, when an army private, John Bennett, was hanged after being convicted of rape and attempted murder.

With Hasan in Fort Hood, and the alleged U.S.S. Cole bombers, Obama could end up signing off on multiple military executions.

Holder Defends Decision to Use U.S. Court for 9/11 Trial (New York Times)
Paterson Calls Obama Wrong on 9/11 Trial (New York Times)
Weekend Opinionator: Terrorists on Trial; Counterterrorism, Too (New York Times)
Constitutional Protections for Criminal Defendants (provided by Rudnick, Addonizio & Pappa)
Criminal Defense Overview (provided by Raymond T. Faller Co., LPA)

Where was Shaniya Davis Killed? Jurisdiction is Key

2009-11-19T17:15:47Z

Investigators are still searching for clues about why and where a 5-year-old North Carolina girl was killed.

The body of Shaniya Davis was found on Monday on a rural road about in Lee County, about 30 miles northwest of Fayetteville.

Authorities need to determine where the killing occurred to in order to add new charges in the slain girl's case, CNN reports. These charges won't be added until the question of jurisdiction is answered.

Figuring out where the girl was killed and if the case will be prosecuted in Lee County or neighboring Cumberland County, where she lived is key, authorities said.

More charges won't come until jurisdiction is determined.

In the meantime, the girl's mother, Antoinette Davis, has pending charges in the case for human trafficking and child abuse involving prostitution.

Following Davis' arrest over the weekend, police spokesperson Teresa Chance said Davis had been "prostituting her child."

The girl's tragic death has recieved national media coverage and calls attention to the widespread problem of human trafficking.

Another suspect, Mario Andrette McNeill has been charge with kidnapping in the case.

McNeill is accused of kidnapping after surveillance footage from a hotel showed him carrying the girl.

Earlier this week, about 200 people began searching for Shaniya Davis' body after "reliable information" indicated that she may be dead, according to Fayetteville police.

Fayetteville Police Chief Tom Bergamine said details of the investigation directly impact which county will assume jurisdiction and prosecute this case.

The district attorneys from each jurisdiction are now involved and ultimately will make the decision, the police chief said.

Police: No new charges now in death of NC girl (Associated Press)
Slain child's dad says he blames himself (Fayetteville Observer)
Listen to Antoinette Davis' call to 911 to report her daughter, Shaniya, missing (Fayetteville Observer)
Classifications of Crimes (provided by Feintuch, Porwich & Feintuch)
Murder versus Manslaughter (provided by Mark A. Perez)

Anthony Sowell Case: Did Cops Ignore Attacked Woman?

2009-11-18T21:25:29Z

New information has come to light about Ohio serial killing suspect Anthony Sowell.

A woman who claimed she was attacked and raped by Sowell in his house last year says the police did not take her seriously.

Now, she has come forward and disclosed details in the Cleveland Plain Dealer about how she ran to police, bleeding and screaming for help and authorities believed his words over hers.

Sowell, a registered sex offender was arrested soon after, but then released, and no charges were filed against him regarding the allegedly attacked woman.

Detectives investigating the incident told Wade that since she had a pending assault case it was her word against his.

Sowell, 50, previously served 15 years for rape.

He is now a suspect in the murders of 11 women whose bodies were found decomposing in his house and yard.

Five of those women went missing after Wade reported the attack.

Police say there were several reasons why Sowell was not held in custody in Wade's case. A detective presented a case and to city prosecutor who decided there was not enough evidence to pursue charges on behalf of the allegedly attacked woman.

Last week a city prosecutor said a detective indicated that Wade was not credible.

Wade told the paper she still has nightmares about her encounter and feels guilty that her case was not enough to stop Sowell.

She said she still doesn't understand why there wasn't enough evidence to pursue charges. Her blood was in his house and she left her sweater there too.

In the article Wade said, "I kept thinking of all those families." She wonders about "[a]ll those women that might be alive if these people had only believed me. I want to sit with their families and tell them how sorry I am."

Wade said she was afraid to follow up with police because she had a parole violation after her assault charges. She also didn't know if they would believe her.

The timing of Sowell's release and whether police took Wade seriously are now key questions in the case.

Anthony Sowell: 10 Bodies in House and Yard, So Far (FindLaw's Blotter)
Rapist Anthony Sowell House of Horrors: Who's Buried There? (CBS/AP)
Cleveland House of Horrors: Skull Found in a Bucket, 10 Bodies Found in House (ABC News)
Anthony Sowell and Phillip Garrido Cases Raise Questions About Sex Offender Monitoring (ABC News)
How Do Prosecutors Decide Whom to Charge? (in FAQ) (provided by John J. Rice, Attorney & Counselor at Law)
Criminal Law FAQs (provided by Brill Legal Group, P.C.)

Teen Enters Not Guilty Plea to Killing 4 Year Old

2009-11-18T20:15:31Z

The 14-year-old accused of molesting and killing a 4 year old and stuffing him in a dryer plead not guilty today Fresno County Superior Court.

As discussed in a previous FindLaw Blotter post, Raul Renato Castro is being charged as an adult in the October 30 killing.

During his arraignment Castro pleaded not guilty to charges of first-degree murder and special allegations in the drowning of Alex Christopher Mercado.

A court affidavit in support of his arrest warrant says Castro told police he enticed the boy into his house across the street and sodomized him. The document also says Castro killed him after the boy fell and hit his head, started crying and threatened to tell his mother.

That's when Castro panicked and drowned the boy in the bathtub, the affidavit says.

Alex's body was discovered in the house inside the dryer on Halloween.

Castro and Alex were next-door neighbors

Judge Jon Nick Kapetan scheduled a hearing for Dec. 15 so attorneys could agree on a date for a preliminary hearing. At that time, judge will decide whether the evidence is sufficient for Castro to stand trial.

Castro is charged with first-degree murder and special allegations, including kidnapping. He is charged as an adult, using a California law that gives prosecutors the discretion to try offenders as young as 14 as adults.

If convicted, he faces a maximum punishment of life in prison with the possibility of parole after 47 years.

Under California law, a youth offender cannot face the death penalty or life in prison without parole.

Report: Teen admits to killing Mendota 4-year-old (The Fresno Bee)
Read Criminal Complaint (Superior Court of California, Fresno County)
Stages of a Case: Arraignment (FindLaw)
The Charging Decision (provided by Chip B. Lewis, LLC)
Criminal Defense FAQs (provided by Law Office of Erik P. Kaeding)

Military Mom Refuses Deployment to Care for Baby

2009-11-18T17:15:33Z

Army cook and single mom Spc. Alexis Hutchinson had to choose between serving her country or the responsibility of being a new mom.

That tough decision now has left Hutchinson, 21, of Oakland, CA possibly facing criminal charges for refusing Afghanistan deployment.

Hutchinson refused to deploy to Afghanistan with the rest of her unit on Nov. 5, claiming she had no one to keep for her 10-month old baby, the Associated Press reports.

Her civilian attorney, Rai Sue Sussman said one of Hutchinson's superiors told her she would have to deploy anyway and put the child in foster care.

Hutchinson is no longer in a relationship with the child's father.

Shortly before her scheduled year-long Afghanistan deployment Hutchinson went AWOL for less than 24 hours and returned voluntarily, Sussman said.

She was then arrested for skipping her unit's flight and confined to the boundaries of Hunter Army Airfield in Savannah.

Hutchinson's son, Kamani was placed with child welfare officials.

She now faces a number of charges and Sussman listed them as:

AWOL, missing movement
Desertion
Failing to have a family care plan
Disobeying an officer

Sussman however, also explained that Hutchinson could get an administrative discharge for the convenience of the government due to parenthood.

Since 9/11, 30,000 single mothers have been deployed to Iraq and Afghanistan according to a report released last month.

Military officials are investigating Hutchinson's case. The Army requires all single-parent soldiers to have a family plan during deployment.

Hutchinson's mother had agreed to care for the boy but she decided she could not keep him for a full year.

She is burdened with other responsibilities and runs her own day care, and tends to three other relatives with illnesses and special needs.

Hutchinson is not under arrest, but still confined to Hunter Army Airfield until this matter is resolved.

To date, no charges have been filed.

Army officials say they don't want to make the situation more difficult for the child. Also, there will be no deployment while this situation is ongoing, according to an Army spokesperson.

Oakland Army mom refused to go to Afghanistan because of son (Oakland Tribune)
Lawyer: Soldier Mom not Using Baby to Shirk Duty (USA Today)
Military Law and Family Issues (provided by Law Office of Shawn P. Hammond)

Teacher Charged with Terroristic Threats against Student

2009-11-17T21:55:02Z

A Georgia high school teacher is under suspicion of making terroristic threats against one of his students, and has been accused of attempting to place a hit on the 16 year-old boy.

Randolph Forde, a 10th-grade special education teacher at Mundy's Mill High School in Clayton County, was arrested last month on suspicion of trying to persuade another student to kill a 16 year-old, the Associated Press reports.

He could lose his job.

Officials are investigating claims that Forde threatened the student after asking him whether he was gay.

Forde was arrested and charged with making terroristic threats against the 16-year-old student.

Attorney Terance Madden represents the student and said Forde pulled him from class and asked if he was gay. Madden said the student became angry at the suggestion and the next day the two had a verbal altercation

The teacher also threatened to hit him in the mouth and asked another student to put a hit on the boy, Madden said.

The student's mother, Marcia Killebrew, said her son came home frightened when he found out. Police say the teacher held up a piece of paper with the alleged victim's name on it, indicating he'd placed a hit on the boy.

Forde was previously arrested in October. He was released on a $16,000 bond and ordered to stay away from the student.

Forde also was put on paid administrative leave and is scheduled to attend an employment hearing on possible disciplinary action after Thanksgiving.

Forde's attorney, Borquaye Thomas said he was joking and the incident was blown out of proportion.

In an interview with the Atlanta Journal Constitution the victim's mother said "[a] child's sexuality is never a teacher's business."

"I feel like the man was being extremely inappropriate," she added.

Forde's attorney, said students said his client often plays around with students and everyone knew he joking about the reference to a hit.

According to the police report, the teacher wrote the victim's name on a note and showed it to another student on the school bus.

Forde's attorney said his client asked the student about being gay after he saw the boy dancing inappropriately with another male student in class.

Did Clayton teacher threaten student over being gay? (Atlanta Journal Constitution)
Randolph Forde, 10th Grade Teacher at Georgia High School, Accused of Putting Hit on Student (The Hinterland Gazette)
Criminal Law News (provided by Law Offices of Troy G. Broussard, J.D.)
Bail Bond Overview (provided by Berman & Russo, Attorneys at Law)

Race and the Heather Ellis Case

2009-11-16T21:40:33Z

Hundreds of people will participate in a rally in Kennett Missouri today for Heather Ellis, a young black woman accused of cutting in line at Walmart.

The incident three years ago set off a racially charged dispute and now Ellis faces a trial that could send her to prison for 15 years.

The Associated Press reports that witnesses told authorities that Ellis cut in front of waiting customers at the Walmart in Kennett on Jan. 6, 2007 and became belligerent when confronted, according to court filings.

Ellis, a student in New Orleans at the time and contends she was joining her cousin whose checkout line was moving more quickly. In a written complaint to the National Association for the Advancement of Colored People, Ellis claims she was pushed by white customers, hassled by Walmart employees, called racial slurs and physically mistreated by Kennett police officers.

The trial is set to begin on Wednesday in Syracuse New York. The case has garnered support from Civil Rights Activist Rev. Al Sharpton and Syracuse University Professor. Dr. Boyce Watkins.

Ellis, 24, is now a school teacher in Louisiana and engaged to a state trooper. She also is a minister's daughter with no criminal record.

Her case has received national attention and is at the center of extensive online protests.

Heather Ellis has said in interviews with the media that she feels trapped by "small-town politics" in Kennett, where her family lives. Law professionals say Kennett is known for having the strictest legal system in the state of Missouri.

Kennett is a town of made up of 11,000 residents, of which 1,500 are black. Community leaders worry that Ellis' case has resulted in unfair portrayals of the town as prejudiced.

Dunklin County Prosecutor Stephen Sokoloff said he would have filed charges regardless of the races of those involved. But last week, he took himself off the case, telling the press he hoped it would refocus attention on the facts. A special prosecutor from Cape Girardeau County was appointed.

Ellis and her lawyers decline to comment on the specifics of the case. She has previously rejected plea deals.

Now, after what was supposed to be simple shopping trip Heather Ellis faces charges of assaulting an officer, resisting arrest and disturbing the peace. Sadly, it could be up to 15 years before her next shopping spree.

Theheatherelliscase.com
Heather Ellis on CNN: Faces 15 Yrs For Cutting Line at Walmart (bliptv.com)
Stages of a Criminal Case (FindLaw)
Classifications fo Crimes (provided by Law Offices of David T. Agoston, P.A.)
Assault Charges (provided by Law Offices of Gary Churak, P.C.)

Lethal Injection: Ohio Adopts Single Shot Protocol

2009-11-16T20:14:37Z

Two months after Ohio had to stop a botched execution, the state now has become the first to adopt a new single drug lethal injection protocol.

Ohio, unlike 35 other states that use lethal injection, switched to a single drug, rather than a three drug cocktail in its death penalty procedures, according to the New York Times.

The new legislation was rolled out in response to the failed September 15 execution of Romell Broom, 53, who was sentenced to die for raping and killing a 14-year-old girl in 1984. He received a temporary stay of execution after he was stuck 18 times with a needle, including once inadvertently in a bone near his ankle, causing him to cry out in pain, according to court documents.

That case caused a flurry of debate among many states whether alternative approaches to lethal injection should be considered. In addition, critics have argued that using a single drug, the preferred method in animal euthanasia, is more humane than than the three-drug cocktail.

Legal experts, however, say other states will now keep a close eye on Ohio's new approach to see if it conducts executions without incident.

Over the years, many states have resisted changing the three-drug procedure, which has been in place since 1970.

Still, other states like California are on the fence.

California's executions remain on hold, as they have been for more than three years. In 2006, California's execution protocol was aptly described by a federal judge as "broken," the Los Angeles Times reports.

He found there was reason to doubt that the anesthetic -- the first drug in the three shot process process -- was being administered properly. As a result, inmates may not have been rendered unconscious, exposing them and cruel and unusual punishment.

New protocols were proposed earlier this year but are pending approval by corrections officials. The courts will also need to deem the new procedures satisfactory.

Other states, including Maryland and Nebraska, are currently undertaking a review of their execution protocols. In fact, a number of states have tweaked their procedures in the last two years but not enough for new protocols to emerge.

For now, Ohio continues to lead the way in single-injection executions.

Their new procedure involves administering a massive dose of an anesthetic. If that fails, prison officials inject two chemicals -- midazolam and hydromorphone -- directly into the inmate's muscles.

Ohio to lead way in single-injection executions (Los Angeles Times)
The flaws of lethal injection executions (Los Angles Times)
Ohio Plans Executions as Rules Are Studied (New York Times)
California Death Penalty an Empty Threat, Legal Experts Say (FindLaw's Blotter)
Capital Punishment and the Death Penalty (FindLaw)
Constitutional Protections for Defendants (provided by The Law Offices of Thomas Glasgow, Ltd.)
Criminal Defense FAQs (provided by The Law Offices of J. Darren Byers, P.A.)

Cult Leader Tony Alamo Sentenced to 175 Years

2009-11-16T13:55:10Z

The victims of evangelist Tony Alamo, who was convicted of taking five underage girls across state lines for sex, showed him no mercy.

U.S. District Judge Harry F. Barnes acknowledged their sentiments at the sentencing hearing.

On Friday, the judge sentenced the Texas minister to 175 years but said he hoped a greater judge would have mercy on his soul for his sex crimes.

Alamo, 75, was convicted in July on a 10-count federal indictment for molesting children as young as 8, 11, and 12 years-old he took as "child brides" and threatening the girls with the loss of their salvation," the Associated Press reports.

One woman who Alamo took as a "child bride" challenged the evangelist on the witness stand Friday. "You have the audacity to ask for mercy. What mercy did you show us?" she said.

Alamo's lawyers say they plan to appeal the judge's sentencing ruling. His defense offered a doctor who said he suffered from hardening arteries, diabetes, glaucoma and other health problems.

The sentence, however, brought the victims, now ages 17 to 30, a "huge sense of relief," said assistant U.S. attorney Kyra Jenner in an article by the Arkansas Democrat-Gazette.

The story also mentions that during the nearly two-week trial, witnesses told jurors that Alamo had sexually abused them and kept them under his strict control at his house his Christian Minstries' compound.

Religious cult leader Tony Alamo violated the Mann Act, a law originally aimed at stopping women from being sold into prostitution. Alamo was accused of taking girls on trips across state lines for sex from March 1994 through October 2005.

FindLaw's Courtside Blog posted Tony Alamo's criminal complaint and FBI affidavit earlier this year.

The evangelist will stay in Texarkana pending a Jan. 13 hearing in which the judge will decide whether Alamo's victims will get restitution from him.

After that hearing, the judge said Alamo would go to a federal prison that has hospital facilities.

Tony Alamo (Wikipedia)

Criminal Law Center (FindLaw)

Stages of a Criminal Case: Sentencing (FindLaw)

Sex Offenses Overview (provided by Law Office of James W. Winslow, P.C.)

Rape, Sexual Assault, Date Rape and Statutory Rape (provided by Kerry Armstrong)

Missouri Family Charged in Sordid Child Sex Abuse Case

2009-11-13T22:04:21Z

A judge charged five member of a Missouri family yesterday in a bizarre sex abuse case involving a string of child abuse allegations.

The men, Burrell Edward Mohler Sr., 77, and his four sons were charged with forcible sodomy, rape of a child younger than 12 and use of a child in a sexual performance.

Five members of the family were arrested earlier in the week after six alleged victims, who are relatives of the five initial suspects, came forward, CNN reports.

Burrell Edward Mohler Sr., and his sons Burrell Edward Mohler Jr., 53; David A. Mohler, 52; Jared Leroy Mohler, 48; and Roland Neil Mohler, 47 are being held in the Lafayette County Jail with bails ranging from $30,000 to $75,000.

Police said there are indications that one or more bodies may be hidden on the family's property, though they would not provide further details. Investigators are continuing to search for dead bodies. They also are looking for buried glass jars, which the alleged victims say contain notes documenting their sex abuse years ago.

Three of the five men are lay ministers in the Community of Christ church whose licenses have been suspended, said a church spokeswoman.

Late Thursday, a sixth suspect Larry Kidd, 55, of Kansas City, Missouri who authorities say is an "associate" of the Mohler family was arrested.

According to the Associated Press, Kidd is suspected in the rape of a child less than 14 years old, the highway patrol said in a statement.

In mid-August a 26-year-old woman came forward to investigators with the allegations. However, a probable cause statement released by the Lafayette County prosecutor's office says the woman's five other siblings have accused all five men of abuse, but it's unclear whether all the siblings were claiming to be victims.

The alleged crimes by the Mohler family include bestiality, forcing children into fake marriages with relatives and making an 11-year-old have an abortion, date from 1988 to 1995.

So far, about that about 50 law enforcement officials are involved in the case, and several leads have come in since the arrests.

Cops: Child-Raping Missouri Family May Have Bodies in Yard (CBS/AP)

Child sex abuse allegations may turn into a murder case (Kansas City Star)

Child Abuse Laws State-by-State (FindLaw)

Preventing Child Abuse and Neglect (Child Welfare Information Gateway)

Sex Offenses Overview (provided by Kirkconnell, Lindsey, Snure & Yates, P.A.)

Rape, Sexual Assault, Date Rape and Statutory Rape (provided by Jim Newton)

The 911 Attack vs the USS Cole Bombing

2009-11-13T19:55:03Z

Who gets a civilian versus a military trial and why?

Khalid Shaikh Mohammed and other alleged plotters of the 911 attack will be tried as terrorists and criminals in a federal court, the US Attorney General announced today.

Abd al-Rahim al-Nashiri, who along with four other detainees is accused of planning the 2000 USS Cole bombing in Yemen, will go before a military commission.

In addition to wondering what evidence in any of these cases will have to be tossed out due to having been obtained through "enhanced interrogation tactics" that violated international torture laws, many are wondering why some alleged terrorists will be tried in federal court, while others will get a military tribunal.

Interrogation tactics will come into play in both the civilian and the military trials.

Khalid Shaikh Mohammed, who allegedly confessed to masterminding of the attacks, was waterboarded 183 times while at Guantanamo Bay. Which pieces of evidence the court will allow may well depend on what was gained from him outside the use of "enhanced interrogation tactics."

Evidence and information gathered during his harsh interrogation and waterboarding will likely be barred from his trial.

In a speech this morning, Attorney General Holder stated that the all of these people could be tried in civilian or military court. He said that the factors used to decide which would go where included "the nature of the offense, the location in which the offense occurred, the identity of the victims, and the manner in which the case was investigated."

The 911 attack cases, involving an attack in the US on civilian targets, points toward civilian criminal trial. The USS Cole bombing, which killed US service members in Yemen, points towards military tribunal.

However, inclusion of "the manner in which each case was investigated" as a factor will be cited by those who argue that military tribunals are chosen when the government fears a civilian court would either throw out more evidence or would expose information that military tribunals may keep hidden.

The American Prospect Blog looks more closely at the way military commissions, although similar to civilian trials, still allow the government to more easily suppress information it wants to keep secret. It goes on to say that could have been the reason to try Al-Nashiri in military court.

Human rights and civil liberties advocates argue the decision boils down to one thing -- giving different detainees different kinds of trials, based on where government officials think they can win convictions, which they argue is unfair.

Sorting out justice for the 911 attack and the Cole bombing is no easy matter, and will feature many more twists and turns as the cases proceed.

Attorney General Holder's Speech about the Trial Decisions (Department of Justice)
KSM, 4 Other Gitmo Detainees, to be Tried in N.Y. Federal Court (FindLaw's CourtSide)
Five alleged 9/11 plotters to be tried in civilian court in New York (Los Angeles Times)
Fury at plan to try September 11 mastermind near Ground Zero (Times Online)
Constitutional Protections for the Civilian Defendant (provided by White & Hearne, L.L.P.)
Classifications of Crimes (provided by Law Office of Joseph J. Colarusso)

Facebook Alibi: Social Media as Defense Evidence

2009-11-12T22:02:06Z

As discussed in FindLaw's Legally Weird, a teenager in New York recently was saved by a playful message posted on his Facebook page.

Rodney Bradford, 19, wrote that he was craving pancakes on his Facebook status. His Facebook evidence of an alibi prevented him from being charged with robbery.

Experts on social networking and the law look to this case as the first to use a Facebook post as alibi evidence instead of prosecutorial evidence.

This is a natural extension of the increased use of electronic evidence in both criminal and civil cases.

In 2006, Congress mandated changes to the Federal Rules of Civil Procedure, expanding the acceptance of electronically stored information as evidence. This applies to federal cases, but electronic evidence can also often come in handy at the state level.

To use online communications to strengthen your case, the first thing you will need is proof.

Authenticating your Facebook, Twitter, Myspace, or whatever social networking account you have will be key.

First, you will need to verify that the account is yours -- likely through your user name and password.

You will also need to get proof from the social networking company that the posting came from a computer affiliated with you. This will involve requesting records from the social networking company.

Typically any activity occurring from your account or online profile will be have a time and date stamp.

It will be also important to gather evidence to show that you actually did the posting from the identified computer or electronic device at the recorded time. You will need be ready to counter arguments that someone else may have done it.

Remember, now that more people are revealing details about their private lives on line, social networking sites are providing much of the evidence often needed in legal battles.

In addition to being careful what you post, keep in mind that there might be times it could be used as evidence to save you.

Related Resources:

Facebook Crime and Punishment (Switched)
Charged With a Crime? Better Check Your Facebook Pictures (Discover Magazine)
Criminal Procedure FAQ (FindLaw)
Criminal Defense FAQ (provided by Law Offices of Donald M. Kelly)
Constitutional Protections for Defendants (provided by Conese Law Office)