Archive for the 'Criminal Defense Law' Category

Law enforcement authorities in Connecticut announced they will pursue a criminal investigation into what led to an explosion at a gas plant that killed five people, and said they have not ruled out negligence.

Middletown, Conn. Mayor Sebastian Giuliano was quoted saying that if the Kleen Energy Systems plant located within the town was running as it was supposed to, an explosion would not have happened, according to the Associated Press. No cause for the explosion has been discovered at this time, and authorities say investigations could take weeks.

Giuliano was also quoted saying that negligence can go to the point where it will be considered a criminal act and come under scrutiny of police.

Acting Middleton Police Chief Patrick McMahon said police detectives have determined that no intentional harm was done.

McMahon elaborated further that detectives are now focusing their investigative efforts on whether negligence came into play while workers were clearing air from gas lines when the explosion happened.

Aside from killing five people, the blast injured at least a dozen people and the shockwaves were felt as far as six miles away, AP reported. Survivors were later found among the rubble left behind by the explosion.

Aerial photos taken of the plant shortly after the explosion showed a large, burnt out gap in the middle of the two main smoke stacks at the center of the energy plant.

At least 50 people were in the area of the plant when the explosion happened around 11:15 a.m. Sunday, February 7. An exact number of people at the plant had been difficult to produce since several different contractors with their own individual staff lists were working at the time, according to AP.

The plant was in the process of construction to produce natural gas at about 620-megawatts. When the explosion happened, workers with the O&G Industries construction company were purging the gas lines of air. The procedure was described as a “blow down,” according to AP.

Gas line purging has been a controversial subject among the U.S. Chemical Safety Board and their investigators. Last year, a similar procedure performed at a Slim Jim manufacturing facility in North Carolina led to an explosion that killed four workers.

The board has also linked explosions in other plants and factories to workers venting gas lines unsafely within buildings.

Natural gas-powered plants are becoming more prominent throughout the U.S. for generating electricity, AP reported.

Natural gas emits roughly half of the greenhouse gases produced by coal-fueled plants and new technology allows supplies of natural gas to be tapped that could last for about 100 years.

The London-based office of convicted con artist Bernie Madoff will not be charged in the criminal investigation into a large investment scam resulting in billions of lost investments around the world.

The United Kingdom Serious Fraud Office said their investigators have not produced enough evidence against the London branch of Madoff’s operation to “provide a realistic prospect of conviction,” . But the SFO also pointed out they will continue to investigate a handful of funds with outposts in Europe that invested with Madoff in the search of “wider aspects of the fraud.”

In March 2009, the Manhattan-based investor pleaded guilty to one of the largest recorded Ponzi schemes in history. Madoff had used funds from new investors to pay off older investments in a vast pyramid-style scam that has resulted in $13 billion of lost investments, according to U.S. prosecutors.

The conviction has sparked numerous lawsuits in Europe and the U.S. as beguiled investors untangle a complicated system carried out by Madoff. The scheme involved selling investments with no real value, on the promise of a high return that would come through in a short period of time.

Madoff Securities International was mostly owned by Madoff himself and functioned as the main office for trading, according to Bloomberg. The office staff was comprised of about 25 people, including traders, support staff and office managers.

Defense attorney Nicola Finnerty, who is representing former Madoff Securities International CEO Stephen Raven, told Bloomberg that Raven is satisfied with the decision made by the SFO, and that “he and his directors have been fully exonerated.”

One of the main facets of Madoff’s Ponzi scheme was sending sums of money back and forth between his New York and London offices. U.S. prosecutors have found about $250 million was sent back and forth between the two offices, “to give the appearance that he was conducting securities transactions on behalf of the investors, when, in fact, he was not,” according to the indictment.

Madoff, now 71, is serving 150 years in federal prison in North Carolina as the main sentencing for the criminal charges filed against him in relation to the massive fraud.

While investors who gave money to Madoff and his offices are not being investigated, several of his former staff members have come under investigators’ scrutiny.

Stanley Chais, Madoff’s former money manager, is under a criminal investigation in the U.S. for channeling money to Madoff’s “business” through other accounts, Bloomberg reported.

Madoff’s chief aide Frank DiPascali, accountant David Friehling and computer programmers Jerome O’Hara and George Perez have also been charged in connection to the widespread scam.

The doctor serving as Michael Jackson’s personal physician when he died recently hired a criminal defense attorney, according to ABC News.

Dr. Conrad Murray has not officially been charged in Jackson’s death from an overdose, but a legal team has been assembled for Dr. Murray, who could face a possible involuntary manslaughter charge in connection to Jackson’s death on June 25, 2009.

Glendale, California-based criminal defense attorney Michael Flanagan is the new addition to Murray’s legal team, the doctor’s lead attorney Ed Chernoff told the LA Times recently.

An autopsy performed on Jackson revealed the powerful sedative propofol in his system, which contributed to his death from a heart attack, Houston-based broadcast network KIAH reported.

Since Jackson’s death, Murray has admitted to prescribing the drug – which is also described as an anesthetic. Potential charges could also include gross negligence against the doctor.

Citing an unnamed source, the Associated Press reported that the Los Angeles Police Department’s investigation unit wrapped up their efforts into the cause of Jackson’s death. The LAPD will be presenting its case to the area district attorney’s office so a formal indictment can follow, according to AP.

“We have refused to comment on stories involving unnamed sources,” Chernoff said in a statement, in response to the possibility of charges against Murray.

A spokesperson for the Los Angeles District Attorney’s office said no decision has been made in Dr. Murray’s case.

Flanagan described the possibility of an involuntary manslaughter charge as “not surprising.”

This is not the first time Dr. Murray has been connected to legal consequences for prescribed use of propofol. One of his nurses was charged with involuntary manslaughter after propofol was used on a patient who died. But the nurse was acquitted of the charge, according to the LA Times.

In November, Dr. Murray returned to medical practice at his Houston, Texas based clinic.

Dr. Murray, who specializes in cardiology said publically at a church shortly after he reopened his Houston practice that he “was at the wrong place and at the wrong time.”

“I know what trouble is,” Dr. Murray said. “I, with my compassion, was only trying to help my fellow man.”

About six weeks after he reopened the Houston clinic, Dr. Murray was in court on a different matter. The doctor struck what the New York Daily News described as an “11th hour deal” to avoid jail time on charges of failure to pay child support.

Dr. Murray was reportedly $13,000 in debt from missed payments when he made the deal to pay just over $1,000 a month to his son’s mother Nenita Malibiran, and continue the payments.

Dr. Murray has reportedly fathered seven children by six different women, according to the Daily News.

A two-year criminal investigation into rape charges against famed illusionist David Copperfield were dropped Tuesday without formal charges ever being filed, about a month after local police reported that his accuser made a separate false charge of sexual assault against a different man.

No official reason was given for closing the criminal investigation by the U.S. Attorney’s office in Seattle, the branch in charge of looking into allegations against Copperfield. An assistant U.S. attorney made a motion Tuesday afternoon, effectively closing the case, according to the Associated Press.

The U.S. Attorney’s office released a statement saying that any investigation can be shut down without charges filed if no federal laws were broken, no federal jurisdiction entitles the office to look into a matter further or if the allegations couldn’t be proven beyond any reasonable doubt.

The statement also said Neither the investigation, nor its termination should be perceived as a comment on guilt or innocence, the AP reported.

She is disappointed, but it wasn’t completely unexpected given the jurisdictional issue of prosecuting him here for something that happened on his private island, said attorney Rebecca Roe, who represented the woman.

Copperfield’s defense attorneys Patty Eakes and Angelo Calfo said the illusionist denied all aspects of the charges and described the action as extortion for money, according to AP.

In a civil suit related to the case, the woman said Copperfield brought her up on stage during a 2007 show in Kennewick, WA. The suit continues to allege that Copperfield later invited the woman to his private island in the Bahamas, where he attacked her sexually after she arrived, according to AP.

The woman, described by the AP as a 23-year-old fashion model, waitress and former Miss Washington, has potential charges pending against her by Bellevue, WA, police of making a false or misleading statement to a public servant and prostitution.

On Dec. 2, the woman who accused Copperfield met with a man and another woman for drinks, according to AP. The other woman reportedly told police that she left the two because they were being very affectionate with each other, to the point where she didn’t feel comfortable around them.
The 23-year-old woman then went with the man to rent a hotel room. Surveillance cameras caught the two kissing and holding each other in the hotel lobby. Images from the cameras were included in the police file, AP reported.

The woman then told hotel staff the man tried to assault her, according to the police documents. But the man had also contacted police officers and said she left the room after he refused to pay $2,000 for sex, according to the report.

Attorney Roe described the police report as overblown.

Rapper Lil Wayne – real name Dwayne Carter – recently pleaded guilty to attempted gun possession in front of Manhattan Supreme Court Justice Charles Solomon.

He pleaded not guilty to the charge of criminal possession of a weapon because he claims the gun was not his.

The Associated Press reported that Lil Wayne received one year in prison for his conviction. If he would have been convicted of criminal possession he would have faced three-and–a-half years in prison, which is the mandatory sentence in the state of New York.

Lil Wayne was arrested back in July 2008 for possession of a .40 caliber pistol. Police pulled over the rapper’s bus after it left the Manhattan concert venue, The Beacon Theater.

Police claimed they smelled marijuana smoke coming from the bus when it was parked in the lot of the venue. The officers made everyone exit the bus, and then they found Lil Wayne in the back.

Police stated that as they approached the rapper, he discarded a Louis Vuitton bag containing the gun. Lil Wayne is not licensed in the state of New York to carry a gun.

Lil Wayne’s defense attorney, Stacey Richman, claimed the gun did not belong to her client but to one of his associates who was willing to take full responsibility and ownership of the gun.

Richman continued to state the prosecutors allegedly used faulty forensics to investigate the case. There was a very tiny sample of cells taken from the trigger that match Lil Wayne’s genetic profile.

During the court proceedings both sides argued to determine if this small sample was evidence enough to link the gun to him.

The Manhattan District Attorney’s office states the small amount of DNA cells linked the gun to Lil Wayne, and they believe this method of DNA testing is accurate, but the defense disputes the accuracy.

Lil Wayne is also facing trial in Arizona on felony drug possession and a weapons charge. He was stopped and arrested at a border patrol checkpoint in2008. He pleaded not guilty to these charges brought against him.

His slew of legal troubles may or may not have any effect on his music career besides the obvious that he will be unable to tour for the year he is in prison. At this point he is still a popular artist.

His court date for his New York arrest is December 15 of this year - the same day his new album “Rebirth” is scheduled to be released.

In Birmingham, Ala., Mayor Larry Langford was recently accused of allegedly taking bribes from investment bankers in exchange for money to excel their businesses, according to a USA Today article.

The accusations are pointed toward Langford’s time spent as President of Jefferson County Commission from 2002 to 2006. He later ran for mayor in 2007 and – with his background as a television news reporter – won by a landslide.

During his four year period as the President, Langford allegedly supplied $7.1 million in swap bonds with Blount Parrish and Co. in exchange for bribes which consisted of cash, clothes and jewelry.

The “deals” created a financial crisis for the state of Alabama, in addition to the economic credit downfall.
He has been charged with multiple counts of bribery, conspiracy, fraud, money laundering and tax evasions. If Langford gets convicted on any one of these felony charges alone, he could face not only jail time, but removal from office.

Investment banker Bill Blount pleaded guilty to paying bribes to the Mayor along with Lobbyist Al LaPierre who claimed to play the middle-man role in the bribes, sometimes exchanging money between the two other men.

According to a CNN article, U.S. Attorney Alice Martin said the three men conspired to solicit and to accept bribes; and to use influence and position to ensure that Blount and his company, Blount Parrish Inc., was involved in Jefferson County’s bonds and swap transactions related to multibillion-dollar sewer debt.

In his plea agreement, Blount will serve as a witness for the prosecution. He admitted to bribing Mayor Langford to commit to the deals that made his company millions richer.

Langford claims the so called “bribes” were really an exchange of gifts between friends and that the charges brought against him was by a Republican prosecutor to target against Alabama Democrats for political reasons.

Jim Spearman who is the executive director of the Alabama Democratic Party said that Republican prosecutors do appear to target Democrats, but he also stated that Langford has not been associated with the Democratic Party for many years.

His trial will be held 55 miles outside Birmingham in Tuscaloosa, Ala., because of all the publicity already surrounding the case. This is to ensure that there will be no biases or effect on the trial itself.

All three men could face fines and prison time. They could face a maximum of 10 years for each count of bribery and money laundering; 20 years for fraud; five years for conspiracy; and three years for each tax count.

Langford himself has 60 counts charged against him.

Richard Heene, the father of the boy who was allegedly trapped inside the helium balloon that was in flight for two hours before crash-landing 40 miles from home, is now under investigation for fabricating the entire event, according to a Wall Street Journal article.

The balloon stunt was allegedly planned to help the family land a reality television show - the family has already appeared on the TV series Wife Swap.

Colorado officials are planning to press criminal charges against the boy’s parents. Larimer County Sheriff Jim Alderden confirmed that after investigation, the balloon situation is believed to be a hoax - though the family has denied it.

Among the potential charges the Heenes have coming their way are two felony charges - attempt to influence a public servant and contributing to the delinquency of a minor. The parents could face up to six years in jail and over $500,000 in fines, the Wall Street Journal reported.

In an interview with Larry King, Falcon Heene - the “balloon boy” - said his parents told him to hide. The boy was also recorded saying, “You guys said that, um, we did this for the show.”

An alleged bank robber in California had second thoughts about his misdeed — so he handed over $1,200 to a parish priest after confessing.

His remorse must have ended there, as he has not turned himself into police, ABC 7 in San Fransisco reports.

Police say a man in his mid-20s, wearing a white sweatshirt and a fake goatee, entered the Patelco Credit Union in Walnut Cree, Calif., last week and handed a note to the teller demanding money saying he had a gun. He fled on foot with $1,200.

Sunday night, a man confessed the crime to a priest at St. John Vianney’s Catholic church, and reportedly give back the cash. The priest called the police after the man left, and turned over the money.

The man did not give his name to the priest, but even if he had, the priest would not be obligated to tell police, as confessions are considered privileged communications.

Police are still searching for their robbery suspect.

A convicted murderer in Ohio is being released from prison pending a new trial after his defense attorneys successfully argued that juror curiosity violated his right to a fair trial, according to WLWT news.

Ryan Widmer of Lebanon, Ohio, was serving 15 years to life for the murder of his wife, Sarah. Prosecutors say he drowned her in the bathtub, while the defense maintained that her drowning was accident. Widmer allegedly found his wife, called paramedics, drained the tub and attempted CPR.

A key point the prosecution made was that when paramedics arrived, Sarah Widmer’s body was dry, and her hair was damp, a finding that they maintained did not support Ryan Widmer’s timeline.

The defense countered that argument by calling forensic pathologist Dr. Michael Balko, who testified that a body can dry completely in such a short period of time, and that he himself had air dried that morning in only seven minutes.

This is where jurors took matters into there own hands.

According to an appeal motion filed by the defense, two jurors attempted similar experiments at home, and shared those findings with other jurors, which in turn influenced their verdict, WLWT reports.

Widmer’s defense team says that this qualifies as testimony, which was not available for cross-examination — a glaring violation of Widmer’s due process rights.

Presiding Judge Neal Bronson agreed, and granted Widmer a new trial. Widmer is currently released on a $1 million bond, and will be monitored by GPS following his release.

The Senate has passed a controversial bill that could expand the definition of hate crime.

The bill extends hate-crime protection to include crime committed because of the victim’s sexual orientation and gender identity, according to The New York Times. A version of the measure has been considered by Congress in Washington DC since 1999.

The bill also allows federal authorities to intervene in cases where local agencies are not pursuing a suspected hate crime.

The hate crime expansion, named after Matthew Shepard, a Wyoming man brutally killed in 1998 because he was gay, has drawn criticism from conservative group who worry that it might infringe on religious speech protections.

These critics are afraid that, because hate crime covers hate speech, conservative preachers could be prosecuted for sermons that call homosexuality evil.

Others were critical that the bill was attached to a Pentagon spending bill, and was not allowed proper time for debate.

President Obama is excepted to sign the bill.