"You Know Who Else Spoke Arabic? Osama Bin Laden"*: Sh*t the TSA Gets Away With When They Violate Your Freedom!

I was just about to give up on finding anything to blog about when I came across this little decision out of the US Court of Appeals for the 3rd Circuit. In George v. Rehiel et.al.  Dkt.:11-4292 (3rd Cir. 2013)( a Civil Rights case brought under 42USC1983)  an American college student of Middle Eastern Culture at a University in California was boarding a plane in Philadelphia (heading back to school) and under went an "administrative search" (which is a recognized "exception" to the 4th Amendment) at the boarding area. It is an everyday bother for airline passengers but it does keep us safer and it is usually minimally intrusive, that is until the Third Circuit decided to throw America's new obsession with paranoia into it.

During the search, the TSA employees (who seemingly have absolutely no training in law)  found handwritten flash cards that included the Arabic/English words for everyday language as well as for some words that if SAID ALOUD, would trigger an arrest in an airport (words like Bomb, Terrorist, Explosion, Attack, Kill, Battle, To Wound, to Kidnap). Now the fact that he was a student and one might want to know these words if involved in Mid Eastern current events did not matter. That he wasn't speaking the words but that the cards were in his carry-on so he could study didn't matter either.  That after finding the flashcards and swabbing everything around for explosives and finding zilch well that still did not matter. As far as the TSA was concerned these flashcards (and a treatise a college kid might read on the failures of American Interventionist Foreign Policy) required he be detained for a supervisor to question him AND for TSA to call the police.
The supervisor came and for 15 minutes more she stalled Mr. George in a  TSA security room (which by the way he was not free to leave) asking inane questions such as:
Q: Do you know who is responsible for 9-11?
A: Osama Bin Laden

Q: Do you know what language he spoke?
A: Arabic

Q: Do you see why these (flash)Cards are suspicious????????????

WTF????? Really???? Needless to say Mr. George was arrested, cuffed, detained for 5 hours, and missed his flight. Yes, if you were wondering, Philadelphia is part of the United States of America...

Mr. George and his attorneys sued the TSA agents, the cops, and FBI agents (who after five hours arrived, questioned the kid another 30 minutes and determined that he was not a terror threat) for violating his civil rights: His rights under the Fourth Amendment, Free speech and further sued for false arrest false imprisonment etc.


The question before the court was: did the TSA agents act outside of their employment authority by detaining young Mr. George, and if so did they have a reason to know that acting that way was against an established rule supporting the rights to privacy and speech.

The court never reached the knowledge element because it ruled that given the "totality of circumstances here could cause a reasonable person to believe that the items George was carrying raised the possibility that he might pose a threat to airline security". 

Re-read the quote from the decision that I highlighted above. Have you ever seen a more tepid comment?
"...could cause...to believe...possibility...might pose." Gee he could have been carrying a New York Times and all those words would be in it. It is indisputable he had the right to have those cards and that he had a right to have and read the book on the failure of American intervention in the Middle East.  Does it really raise a right to detain someone for 30 minutes or even 5 minutes once they found he had no explosives or contraband on him? Do you know what it feels like to be detained at an airport in an tiny room that you cannot leave. They have your phone? You can't call out check email tell others what's up? WTF??? Then they called the cops who arrested him and held him handcuffed in a cell for up to five more hours!! The court held the cops arrested him on their own.  In other words a cop came up and not on the say of the TSA he just decided to bust the kid for five hours without being asked because presumably he found probable cause to make an arrest!! Based on flashcards and a book? (In fairness to the court they did rule that you cannot arrest someone because of the books they read. Evidentially flashcards are far more dangerous...) The court held it was speculative that the TSA ordered the arrest. I am sorry but I don't see that at all, of course that is one of the myriad of reasons I will never be a judge. I cannot suspend my disbelief for a long enough period to excuse people when they act like idiots in the name of the USA.

I am accustomed to government paranoia. Look we are all gonna die someday but really can't we go as men and women and not as frightened sheep? Are these judges for real? Are they going to hide behind 9-11 to support clearly illegal conduct by federal agents for the rest of our lives?? Liberty does hang in the stakes. If the Courts will not rein in the government when it clearly goes beyond our ever more liberal rules for destroying our Constitution, then we are lost.

That the lead judge was a Clinton appointee not some Neo-con Bush appointee. So if you are learning Arabic, and studying Middle Eastern culture, you better watch out...you just gave your government the right to detain you based on what they unreasonably fear might be a possible preparation for an attack or maybe just a learning thing but they are really unsure but they don't need to be any more sure because that could cause them to not detain Osama bin Laden or the ENGLISHMAN who was the shoe bomber or THE LATINO that was an underwear bomber. If you understand any of that, you MAY qualify to be a Federal Judge...

Sad.

H/t: Justia (US Third Circuit Court of Appeals Opinion Summaries.) and Rueters.

*The title of this post paraphrased the questions but the quotes here are from the decision and are culled from plaintiff's complaint.)

Breaking News: Newsday Special Investigation Into Police Misconduct on Long Island!

Newsday has broken a major investigation into police misconduct and its failures to be properly investigated or punished.  Police misconduct puts good citizens at risk and worse makes it very hard for good cops to do their jobs well. It corrupts a system.
Nassau and Suffolk have had this problem for a number of years. Whether it be the band of thugs that run the land of NO on Fire Island, or the insanity of the Nassau cop who beat and shot a taxi driver for no reason in Suffolk, or the many instances of testalying and other misconduct, it has to end.
I have regularly called for the institution of a Civilian Review Board with teeth. Now is the time. We need it here.
What do you think? How do you feel about a Civilian Review Board?

San Diego Gestapo...uhhh police...Arrest Innocent Jet Fan

People ask sometimes ask me "what can be worse than the murder of an innocent person by a violent criminal?
For me that is an easy answer: Members of the government allegedly acting on my behalf,and at my expense, who abuse their authority and arrest an innocent person. I am not going to get into the whole thing about allowing 100 guilty men to go free so that one innocent man is not imprisoned, but watching this tape enrages me just as much as the acts of these two idiots in Connecticut.

Thank goodness, a thoughtful fan from San Diego used his camera to record what can only be described as a totalitarian behavior from San Diego's men in blue.

These cops shamed their city, their taxpayers and their badges/uniforms. If I were Mayor of NY I'd be calling for an investigation, and if I were Mayor of San Diego there would be one ongoing right now. A bunch of cops would be on desk duty and a few would be looking at demotions and other discipline! Here is the story in the NY POST

Does Anybody Out There Ever Read The US Constitution (besides lawyers I mean): Why Tiger Doesn't Talk

Short post:

Everybody has a theory on why Tiger Woods is not being given the "third degree" by Florida Police.I have heard his money is buying him out of it, that he has important politicians on his side, that he has a bad attitude and a lot of other things mostly not complementary to either Mr. Woods or the Police. People think he was running from his wife, that he was drunk, that he was high, that he was sneaking out to see a girl and his wife was waiting 5 Iron in hand. I have heard the old tried and true "if he has nothing to hide, why hide???" God If gossip reporters were not bad enough, now we have sport reporters who think they are owed an explanation. It should be required that before one gets a press pass they pass a test on basic constitutional law. If you want to read some weird stuff look here and here and this video from Wanda Sykes which at least was funny.

Here is the reason Tiger Woods is not speaking to Florida Police and why they haven't hauled his rear end down to sweat him for a confession:
DRUM ROLL PLEASE

The Fifth amendment of the United States Constitution gives a person the RIGHT TO REMAIN SILENT. HE is exercising the right and there is nothing that police or Mike Lupica can do about it. (no I am not linking you to Lupica, he gets enough publicity all by himself)

Moreover it is the smart thing to do. There is no upside to him saying more. It was a one car accident. He will probably get another car tomorrow from Cadillac, his sponsor, and he will at least keep his privacy. Once he speaks, whatever he says is now food for the fodder. He can't stop speculation but he needn't add to it either. Anything he says will not be believed by some portion of the public and finally, the police do not need to know what precipitated the crash as there is no damage to anyone but Tiger and what they don't know or what they don't write in a report can't hurt anybody.

So Woods did the smart thing. I wish more clients and their families would follow suite and STOP talking to police. It isn't that I want to make the jobs of law enforcement harder, it is just that I do not have the obligation to make it any easier. Usually when clients speak to police without an attorney being present, they make if far worse for themselves even when "they speak the truth and have nothing to hide."

Okay so there you have it. Mr. Wood's lawyer has a smart client. Mr. Woods has a good lawyer, and the gossips of the world will be able to join the conspiracy theorists and debate what happened until OJ Simpson finds the person who killed his ex-wife.

Police Use GPS and Google to Find a Kidnapped Child.

I spend a lot of time on this blog criticizing police and Prosecutors. It isn't that I don't like them. It is that I think that since they represent the "people" I think they need to be held to a higher standard of conduct than any individual person.

When they "get it right" (and they do get it right far more often than not) however, I think they deserve to be acknowledged. Athol Police Officer Todd Neale managed to track down the missing girl by obtaining coordinates of her cell phone from the phone’s carrier and using Google Maps and Google World to locate the motel where she was being held.

Nice Job Officer Neale.

Full story here

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.

Nassau DWI Arrests Spike on Thanksgiving Eve: Some Thoughts From That Lawyer Dude

Nassau County Police announced that their DWI arrests spiked by 300 percent. Nassau Police usually average about 10 arrests a night however on November 25th police arrested 35 people in Nassau County alone. Suffolk County numbers are not available.

Nassau Police are targeting bars and restaurants in Nassau over the Thanksgiving Holiday season. They have increased patrols and are "sitting" on bars waiting for patrons to stop.

Attorneys in Nassau have told me, (and I have heard from prospective clients) that Nassau police are stopping cars as they leave these bars and restaurants frequented by students. After the stop, if they do not suspect a DWI they let the drivers go.

What is the probable cause for these other stops?? While it may be important to keep drunk drivers off the road, it should not be done at the cost of liberty for those that are not drunk. It is often said that DWI appears to be an exception to the US Constitution for police and prosecutors.

If you are stopped for at either a DWI Checkpoint or by a police officer "sitting" on a bar or restaurant whether you have been drinking or not, I tell my clients:

1. Be polite. Sit in your car and roll down your window. Allow the officer to speak and if asked be ready to produce your License and Registration quickly. Police take fumbling as a sign of intoxication.

2. If asked if you have been drinking, and if you have been drinking, ask if you are under arrest. If the answer is no, then ask if you may leave. If the answer is no then refuse to answer the "have you been drinking" question without first speaking to a lawyer. (Invoking your 6th amendment right to counsel.)Whatever you do, DO NOT SAY HOW MUCH YOU HAVE BEEN DRINKING. Remember it is not illegal to drink and drive (unless you are under 21 years old). It is however illegal to drink and drive drunk. DO not offer to give any amount of drinks. It will not help and always ALWAYS hurts.

3. If asked to get out of the vehicle to perform Standardized Field Sobriety Tests (SFST), again ask if you are under arrest. If the answer is no, then politely tell the officer you do not want to participate in those tests. If you are told that the officer is conducting an investigation, you should again tell the officer you do not wish to participate in these tests as a violation of your 5th amendment right to remain silent.

4. If you do take the SFST listen to the instructions carefully. An SFST is a series of tests. So even if you do well on one or two you can still "fail" the test. Also Remember: You will fail the test even if you do everything the officer said to do, if you do not do it exactly as he says to do it. REMEMBER, YOU ARE NOT ONLY BEING JUDGED ON WHAT YOU DO, BUT ON HOW YOU DO IT. THEY WILL FAIL YOU FOR THINGS THEY DO NOT TELL YOU ABOUT.

For example, they will fail you if you use your arms to steady yourself even though they do not tell you that. They will fail you if you do anything they do not tell you specifically that you can do. In other words, even though they seem to be testing your ability to do certain tasks, they are really testing your ability to do ONLY the task the way they want you to do it. Any change in the way they tell or show you to do the test will result in your failing the test.

5. If asked to follow a pen or pencil or light, refuse the test under your fifth amendment right. You are not required to provide evidence against yourself. You do not have to participate in the Horizontal Gaze Nystagmus (HGN)exam. It is not an accurate test. Do not take the test as there is no record of how you did on it except for the police officer's recollection. This is exceptionally unfair. Do not take this test.

6. If arrested or detained, you do not have a right to refuse the actual breath test. However, do not take a portable breath test. It is so notoriously inaccurate that it is not allowed as evidence at a trial. IT IS Allowed in during a pre-trial hearing or even a bail hearing. It is better to refuse the Portable test (which is a hand held device not connected to a bigger machine)and take the actual Intoxylizer or Breathylizer test.

7. If you are in a car accident and THINK you will fail the test, . I recommend to my clients that they DO NOT TAKE IT. Yes you will not have a license for 1 year, and yes you will not get a plea offer in Nassau or Suffolk, but, if you are in an accident you will not get an offer anyway and you have a better chance of winning at trial if you do not have a Blood Alcohol Content (B.A.C.) reading above the limit which is .08 If you have been drinking and are in an accident and do not want to have a criminal record, plan on going to trial. Yes it is costly, so is having a criminal record and so is being convicted of a driving arrest. Going to trial is in the long run less expensive. You have a good chance of winning your case if you go to trial despite what the media and the "Mothers" (MADD) say.

IF you want to increase your knowledge of your BAC log on here

8. Finally, the faster you get a lawyer the better. Once you are arrested, the police will take your cellphone from you so having a lawyers number in your phone will not help. Either memorize the number or put the number in your wallet or purse. (I advise my clients to tattoo it to their feet.)JOKE!! (kinda)

9. If you do not have a lawyer and are arrested in NYC (you know, Manhattan, Booklyn, Queens Bronx or Staten Island) or on Long Island
(Nassau or Suffolk Counties) or even anywhere else in the state of New York, you are welcome to call me at 516-741-3400 I am at 180 Froehlich Farm Blvd Woodbury NY 11797 and this paragraph is a legal Advertisement.

You can follow my daily tweets on Twitter by logging into www.twitter.com/thatlawyerdude (no spaces). If you don't know what I am talking about, Find out about twitter.

Stuff I Missed Blogging About: Obama, Neo-cons, Smart and Stupid Conservatives.

While I was without a Laptop, and couldn't really post the way I wanted to, a lot occurred. The last week of October and the first week of November of an election year has got to be the worst time of the year to have your laptop stolen. Here is what I would have linked to had I been able to (and a few I can link to in a more timely fashion).

To Filibuster or Not to Filibuster That is the Question

I thought these two posts were interesting. Sen. Kyl has announced his plan to filibuster any Obama judicial nominee that he feels will be too liberal. (I should note that Tomás de Torquemada was too liberal for Kyl.)

Kyl said if Obama goes with empathetic judges who do not base their decisions on the rule of law and legal precedents but instead the factors in each case, he would try to block those picks via filibuster.

With the federal judiciary almost 25% under its need, I might suggest that Kyl be careful about what he filibusters. I wonder how Kyl feels about the fact that the gang of 14 ruined his good time by nixing the "nuclear option" now? Anyway, I think if he intends to tie up the judiciary as it has been tied up over the last 16 years, he think again. I think he has a good chance of destroying the careers of many of the Republican Senators he works with now. He has the ability to filibuster the Republicans into irrelevance.

Here is Johnathan Adler over at Volokh Conspiracy, kind of seeing it the way I do and here is Jerry Merrit at TalkLeft discussing the issue too. Who said I can't be fair and balanced?

No Son, You Can't Watch 'Sesame Street' in Prison."

While reading TalkLeft I also noticed this tidbit about an 8 year old who may have killed his abusive dad...The Police in Arizona think the kid should be charged as an adult. That would expose this 3rd grader to a sentence of life in prison.

You know, I don't remember conservatives being so wasteful or so stupid. No guys, even if an Eight year old knows right from wrong, it should not open him up to prison. In fact, I am not even sure it should be handled in court at all. If he is uncontrollable, he may need to be taken out of the home and placed in a foster care situation that would provide a great amount of supervision, but I don't think it serves the child or the state to warehouse someone for the next 70 years. Who raised the adults calling for adult treatment?? How can their be such a disconnect between the northeast and the southwest and our sensibilities? Arizona has one of the worst records for rehabilitation in the country. What hope would that leave for this child?

Conservatives With Brains.

Patterico Pontifications talks about the Decency of Barack Obama. Patterico, who is a very conservative assistant district attorney in S. California takes the time to really look at the man who ran for and is now the President Elect of the United States of America. It is clear that Obama is a decent if somewhat politically misguided. Patterico recalls all of the things that Obama did throughout the long campaign to try to tone down the rhetoric of the campaign and focus on policies. Patterico suggest that conservatives spend their time focusing on policy issues and bury issues of personality. At least Patterico gets it. America is tired and can ill afford four more years of personality assassination.

On the issue of how the Republicans go from rulers to the minority in two of the three branches of government, a wonderful piece in this week's "Weekly Standard" by P.J. O'Rourke. O'Rourke is a conservative raconteur but he is dead on in his description of the way the conservatives sold out the Regan Mandate by allowing the Neo-conservatives to set and dominate the agenda. My only disappointment is that while playing the story for a laugh, he sometimes falls into the same type of talk that cost the Republicans the Presidency. (Knocking Bill Ayers, John Edwards fidelity, etc.) His description of the Abortion albatross is right on. We need to tone down that rhetoric too and work to overturn Roe to return the issue to the states where it belongs. While we are at it, maybe we should start to find a way to limit the Commerce clause and keep the feds out of state and local issues. In the end thought O'Rourke is absoulutely right "We Blew It".


Not Too Bright Conservatives
Then there is the decision of Elizabeth Dole and her campaign to lie about her opponent's religious practices. Just because one understands the First Amendment and has a extreme view of the separation of Church and State does not mean the person is Godless. The good People of North Carolina took note of the dirty tactic and through Lizzy right out of office... Sorry but it was a deserved defeat. Kay Hagen (Dole's opponent, a Sunday School teacher)was irate, now she is elected.
Hattip: The Agitator



One other cool thing. Friday's blog post was picked up by the Wall Street Journal. That is pretty cool I think.
HatTip: twitter.com/VBalasubramani

More later this week till then follow me on Twitter:http://twitter.com/ThatLawyerDude

The First Monday in October: SCOTUS OPENS ITS NEW TERM

I have mentioned this before, but I love the First Monday in October. I used to love going to the Supreme Court of the United States as a student at Tufts. Catch the train or drive at an un-Godly hour; sleep as much as possible; walk from Union Station in the October air; stand in line to get in, and watch the 9 most important men (it was all men then) in law take their seats and begin to work.

The day before the First Monday in October is the Red Mass. It is a Catholic Mass said for the judges and lawyers. It is solemn and filled with Pomp and Circumstance. Prayers are said for these men and women that they will find the knowledge, justice and mercy that makes for good lawyering and judging.

Tomorrow the term begins. The big issue on the calendar so far is "Preemption". Are the states preempted by federal law from entering into certain areas that the feds now say are theirs? It is not an easy concept to grasp but it is important in for conservatives who believe in state's rights and are fighting the ever growing intrusive role of the federal government into what had formerly been states province.

The Associated Press (AP) gives us a rundown of some of the issues coming in front of the judges this year in an article here

As previously noted Scotus Blog has a rundown of the criminal cases the court faces. These include what an enterprise consists of in a Civil or Criminal RICO suit; Speedy trial delay; and issues surrounding the taking and use of Confessions and admissions at trial when arraignments have been delayed; or when someone gives police a statement without waiving his right to counsel, and it is used against him when he later takes the stand in his own defense. (In other words, if the confession was taken in absence of the waiver, it cannot be used on the Government's case in chief. The question is should it come in if the defendant takes the stand and says something other than what he told the police when Police took his statement without getting the defendant to properly wave his rights).

In all it may be a quieter year, but it holds some really important decisions ahead.

Lex Ridculum: Spilling Soda , Passing Gas can get you arrested, and G-d Forbid You Have Your Way With a Goat...

There is so much important stuff going on in the world.

We have the collapse of the world's stock markets
We have the Bush buyout plan to "save the markets" Which Jay Leno put just about right, "You screw up your investments... You Pay!, They screw up their investments YOU PAY!!!" right on Jay.

We have the annual Collapse of the NY Mets.

Then there is the fact that "retiring from the Long Island Rail Road, can get you investigated..."

I am glad to know that with all the sadness fear, terror that is growing across our nation, our law enforcement agencies still have time to fight the good fight and keep our nation safe from spilling soda, unflattering flatulence and Drunken Horny Cow Tipping Farm Hands...

As Cindy Adams says... You cant make this stuff up...

Wow What a Summer, (And It Is Not Even Half Over)

When I last left you, I was sad that Debra Jean Paltrow decided to end her life. I think it was a permanent solution to what was a temporary problem. I also thought her prosecution (not to mention her conviction) was a monumental waste of taxpayers time and money not to mention personnel resources.

So then what happened?? All hell broke loose That is what happened.

In chronological order:
1. I became involved to represent the driver in this very sad case. (The Griffin Case)
2. I was a judge at the National Catholic Forensic League Grand Championships in The Fox Cities area of Wisconsin.
3. The Nassau County DWI Wall of Shame went up.
4. I started representing Rabbi Morris Talansky, who is a really nice guy getting slammed unfairly in the foreign press (and by the NY Tabloids too but what else is new.)
5. I started the Murder Trial of Ronald "Shorts" Rodriguez.
6. The District Attorney of Nassau decided that I might beat her in the aforementioned Griffin case so she began "Poisoning the Jury Pool" with outrageous remarks that show her lack of maturity and her lack of fitness for the office she holds.
7. A nut job in the gallery of the courtroom during the Rodriguez trial, jumped up and attacked Shorty and me (he was aiming for Shorty, I was just collateral damage) which caused a 2.5 day break in the trial, and pointed out to all of us in Nassau County that we need to take more precautions to safeguard our trial courts (Hint Hint, it is time to build a new and safer annex to the county court.)
8. After one of the toughest trials I have ever been involved with, Ronald "Shorts" Rodriguez was ACQUITTED of Murder in the second degree (Intentional Murder) Manslaughter in the 1st degree (Intentionally causing injury that results in death through the use of Deadly Physical Force) and was convicted of the non-violent crime of Manslaughter in the 2d degree (recklessly causing the death of another) and possession of a weapon 3rd degree. (Sentencing is scheduled for September.)

9. In addition, the economy tanked, you can no longer afford to fill a gas tank without a loan, and it is Obama v. McCain but look out for BARR to play a spoiler unless McCain starts to comeback to his roots.

AND

10. I was cited as a blogging lawyer in an article at Get LEGAL.COM

11. I am building a new website (the old one is down and I have a static place holder there right now but wait until) NEXT month.



I will be posting on these topics and a few other things too over the next few weeks. Sorry for being away too long, but I just can't seem to write when I am in trial.

Corrections: Spell checked and links added.

Predictions In The Sean Bell Manslaughter Case

Tomorrow Queens Supreme Court Justice Arthur Cooperman will announce his verdict in the Sean Bell Police Manslaughter case. You will remember Bell is the Queens (NY) man who was killed in a hail of police bullets the night before his wedding. He was unarmed. The case is the latest in a number of police brutality/misconduct cases in New York City. It was well prosecuted and well defended. The issues came out better for the defense than people thought they would. It doesn't matter however, because the case is still one that is more or less a subjective issue. Did the police act recklessly or was their behavior reasonable in light of what they saw and what they knew at the time that they acted.

Justice Cooperman is irascible and sometimes unpredictable. He is pro law enforcement yet can get angry when they overstep the fine line between good police work and criminality. He is considered a harsh sentencing judge by most defense counsel. I tried a Criminal Possession of a Weapon/Assault 1* case before him and he was "difficult" at best. He yelled at me and on one occasion threatened me with sanctions. I was, in my opinion, doing my job. It was a case where I had a Perry Mason Moment too. That was exciting. I prevailed in that case and the jury felt the judge had been unkind and tried to bully me. It hurt the prosecution more than it ever hurt my case.

On the other hand, I could see the judge trying to be fair even though I thought he had decided that my client was guilty. Truth be told, I may not be the easiest defense attorney in Queens or Long Island to deal with either. All in all it was a positive experience.


I have also had a hearing before him. In that case (a SORA review) he quickly grasped the issues and allowed me room to develop my case and ultimately ruled in my favor. It was a few years after the original trial I had before him and I was surprised to learn he remembered me. He appeared happy to see me again which tells me he did not hold a grudge.

Tomorrow, Cooperman will make the biggest decision of his judicial life. He is Seventy Four (74) years and he cannot stand for re-election. Popularity is not going to be a part of his decision. I think his belief in law enforcement and his disdain for those who are disrespectful to the law may in fact bring his verdict in for the police officers in this case. I think he is going to think the people's witnesses to be dangerous and be underplaying their role in the case. He will find the police in an untenable position and that they could consider their lives in danger. For what a prediction is worth, I think that the verdict will be:

Manslaughter 2 for Officer Michael Oliver who fired 31 shots;

Reckless endangerment for Gescard Isnora (although I wouldn't be surprised by a not guilty verdict here;)

Not guilty for Detective Marc Cooper.

Either way, I also predict great gnashing of teeth.

NEWS FLASH CRAIG MAY NOT RESIGN!! Is This The Making of a Libertarian???

NEWS FLASH: IDAHO SENATOR LARRY CRAIG IS RECONSIDERING HIS DECISION TO STEP DOWN

The NY TIMES and the Associated Press (here)report Senator Larry Craig who said he was resigning from the US Senate after it was reported he was convicted of Disorderly conduct after being accused of soliciting gay sex in a public toilet, has let it be known he is reconsidering his decision... yet again.

By the time I had a chance to look into this matter and post about it originally, it was over. Sen. Larry Craig of Idaho was already resigning.
I remember thinking how sad it was that this fellow didn't trust the systems of justice that he had been part of for so long that he hastily entered a guilty plea.

Then I read about his family, and where he was from. Then I realized the shame he would have felt by putting them through what they are now going through. THEN I HEARD THE TAPE...

Pardon me, but I really do not believe... THE COP!!

Evidentially neither does former prosecutor and fellow US Senator Arlen Spector from PA. He has urged Craig to stay on and fight for his seat in the US Senate.

That I find the cop to be somewhat sureal and to be lying should come as no suprise to most of my readers I guess, but when I heard the tape, I realized that there was no case and the cop was desperately trying to get Sen. Craig to incriminate himself so he wouldn't look like the buffoon he was, sitting in a toilet all day waiting for someone to do something he could say was solicitation.

Maybe my mind was colored by all the hogwash I hear NY and Long Island vice say about solicitation...

Prosecutor:"What did you say to her?"
Undercover:" I asked her if she liked to listen to oldies music."
Prosecutor:" What did she say."
UC:" She likes Frank Sinatra and Billy Joel. So I arrested her."
ADA": What was the significance of that answer?"
UC:" In my 5 months as a vice squad cop (the judge is now ruling he is a vice expert) I have learned that the names Frank Sinatra and Billy Joel are euphamisms for Full service or vaginal sex and a blow job the venacular term for oral sex..."

It's hogwash. Everyday people get cowed into pleading guilty to a violation or crime they didn't really commit because these guys are to lazy or stupid to put together a real case.

Now I will pass on the whole issue of why it is a crime to ask a guy if he wants to have gay sex with you and it is considered a badge of honor to go up to a girl and ask her if she will have straight sex with you, as long as there is no discussion of payment. But come on. He LOOKED,TAPPED & WAVED??? So obviously, not only does he want to have sex with me, but he wants to do it in a public bathroom stall... IN MINNEAPOLIS???? Yet all the scarry cat Republicans who never met a cop they didn't want to believe blindly just cast Senator Craig aside. Gosh they fought harder for Congressman Jefferson and the cold cash in his frezzer!!!

Sen. Craig. You are a Neo-con Christian Right conservative. More anethma politically to me than anything to the right of Clinton and Kennedy. ( I save a special place for those two senators and the rest of the ADA clan)

I don't think you have voted for anything I believe in in all your time in DC... With that said, I would like nothing more than for you not to continue to serve in the US Senate, though I admire your willingness to do so.

My advice to you Sir is " DO NOT RESIGN. DO NOT GO QUIETLY INTO THE NIGHT. TRUST OUR SYSTEM OF JUSTICE. In the end you will prevail."

Yes, I want you out, but not like this, not for these reasons. The people of Idaho elected you. It is not for a bathroom cop in Minnesota to say who may represent them. If you are as innocent as you sound on the tape, and as you say you are, DO NOT GO. DO NOT RESIGN.

Who knows what will happen now that you have learned about police testilying??? Maybe you will start looking at the executive branch with the same distrust the founding fathers did when they proposed those first 10 amendments...

( I reserve the right to clean this up later and maybe add a few links.) I wanted to get this out. By staying up this late, I actually may have a blog scoop and I want it up ASAP.) TLD.

Is This How YOU Want Police To Spend Your Tax Dollars?

I am involved in a really difficult matter in Brooklyn. It borders on heartbreaking. I represent a guy who is just an average Joe. He works hard, earns a decent but not great living and takes care of his family. Everybody likes this guy in the neighborhood. He wakes up everyday, plays with his kids, checks on his Father and Mother, gives rides to Seniors in the area who have to go to the hospital and then goes off to drive his limo for rich people through out New York City. He works out of a garage that books drivers and cars for airport runs etc.

He is in this country legally. He was sponsored with his brothers,sisters and parents by an aunt and her son. Now here is the rub, the son, my clients cousin is a drug addled HIV positive crackhead. Nevertheless, my client owes his whole life to these two people. If not for them, he is still in Haiti making Three Hundred Ninety Dollars instead of a week.

Now the son of my client's family's benefactor, gets into trouble with the law. Facing a long time in jail, which would mean he dies on the inside, the police and the DA offer him an out. Help us buy guns and drugs and we will let you stay on the street.

So the idiot approaches his low life friends. None will help him because they can smell a set up from a mile away. He asks my client for help, but my client will not find him drugs. A while later, he begs my client to help him find a gun for a "Friend" who needs protection. My client already felt bad about not helping this guy put himself out of his misery with the drugs, so in fact he helps him by picking up a gun and giving it to the kid to "sell." Of course it is not a real sale, the cops bought it.

The cousin thanks my client and tells him he got a couple of hundred dollars for the gun. He asks him if he can get some more. My client allegedly tells him sure, people all over NY are selling these things. Anybody who really wants one can buy one almost anywhere in Harlem the Bronx Brooklyn the lower East side, Flushing. The cousin has only months to live, his AIDS is full blown. So even though he knows in his heart that the kid is using the money he gets for drugs he tells himself he is eating with it, and gets him another 2 guns to sell

Now I should point out that though deadly, these weapons are garbage. Not a decent weapon in the whole group. But the guy who pays wants a weapon so...

The cousin dies. Does that stop the cops? No. They go back to our client and call him over and over and over, at work at home at church, yelling for him to get them another gun. He finally relents after months of badgering. Then once more a few months later. Same scenario, same reticence, same result. Finally they come once more. He is less and less cooperative, They figure he's done, so they bust him. He is looking at ridiculous time if he blows trial. On the other hand, would he have even been here at all if the police had demanded that the cousin give them someone who was a KNOWN gun dealer??? Would this have happened if the client had not been tight with the cousin, and felt like he owed the guy for his whole existance?

The whole neighborhood, some 500+ people have signed a petition asking the judge not to incarcerate this guy. 20 people almost all immigrants themselves have written the court. Still this is going to be tough. Of course, if they were serious about getting these guns off the street, all they had to do was offer the &600 they were offering my client to buy the guns. After all there wasn't one there that they couldn't have bought themselves for half the price.

So my question for you dear reader is:
Is this how you want your Police Department to spend your tax dollar? Is it good police work to get someone who otherwise would never commit a crime to commit one so that you can get a couple of pea shooters off the street? Let me know what you think I ought to tell the judge in a couple of weeks when I go back to him to enter a plea.