Archive for the 'The Criminal Justice System' Category

Five years ago, Cameron Todd Willingham was executed in Texas on criminal charges for allegedly commiting arson at his own home in 1991, killing his three children.

Willingham was convicted of murder and then executed in 2004 - but now a nationally recognized fire scientist has alerted the state of Texas that for a household fire, there was not really a reason to accuse Willingham of arson.

If the Texas state commission on forensics comes to the same conclusion - that maybe Willingham should not have died for this case - it will be the first time a state has declared that a prisoner on death row was wrongfully executed.

According to the Chicago Tribune, a report on the case concludes that there was no evidence proving that Willingham set the blaze - leaving the possibility that the deaths of the three children were accidental, and meaning that their father was wrongfully accused and killed on death row.

Much investigation has gone into this criminal case in the last five years - and the state of Texas will have to respond at some point. How likely it is that the state will admit a wronful execution? To be determined.

The state of Ohio is awarding nearly $30 million of federal stimulus money in grants to improve criminal justice throughout the state - and the Dayton area is getting $2.7 million of it.

The money will be used to bolster criminal justice and aid in some state-funded programs like Butler county’s Alcoholism Council, which was awarded nearly $400,000 itself.

Montgomery county’s juvenile court was second on the list for most money to one cause - hoping to help better educate these kids with juvenile records and keep them out of trouble as much as possible.

Other major metropolitan areas in Ohio were also awarded grant money for criminal justice improvements. The state hopes the stimulus money used for the criminal justice grants will help improve organizations statewide - and potentially even lower crime rates.

Some grant money may even be used for salaries of additional police officers to help curb criminal activity.

Source: Dayton Business Journal

For years a piece of paper proving that a driver had a blood-alcohol content above the legal limit was probably enough evidence for a conviction - with no actual testimony from a person who conducted the blood test.

These days, that is no longer the case, according to a Los Angeles Times story. In criminal cases where a lab test is part of the evidence, a lab technician - who can verify the authenticity of a blood test or that the cocaine in question is in fact cocaine - must be available to testify.

As a result of this federal legislation, cases in some states have already been thrown out.

Some defense attorneys say this new legislation will probably rarely come into play, and it may be changed when a new supreme court justice is appointed.

See the full story from the LA Times.

A formers police officer in Zanesville, Ohio, was sentenced to 20 years in prison in a drug conspiracy that allegedly involved stealing drugs from criminal dealers and reselling them for profit, according to WBNS.

Sean Beck was the third officer to be sentenced in the drug distribution plot. The officers allegedly faked drug raids to obtain cocaine and other drugs.

The FBI learned about the operation when a drug dealer who had been contacted to act as a middle man informed on the officers, and set up a sting operation in an Ohio cemetery.

Beck’s co-conspirators, officers Trevor Fusner and Chad Mills, plead guilty in 2007 at the beginning of the investigation, and were sentenced to 80 months in prison each. Beck pleaded guilty in May, 2008 to felony drug and firearms charges.

Tennessee cannot collect taxes on illegal drugs because dealers are not merchants, the state supreme court ruled last week, overturning a controversial—and lucrative—2004 law, according to the Knoxville Sentinel.

The Unauthorized Substances Tax—modeled after a similar North Carolina law—applied taxes and interested to illegal drugs and certain illicit alcohol (such as moonshine) that did not have an Unauthorized Substances Stamp.

In its ruling, the 3-2 majority wrote that illegal drugs are not subject to taxation because the Department of Revenue—who issued the stamps—can only collect taxes on merchants, peddlers and privileges under the state constitution. However, the tax was applied to anyone in possession of illegal drugs, not necessarily selling them. And because drug possession is illegal, it is not a taxable privilege.

However, the court also rejected an argument that purchasing the stamp is a form of self-incrimination, leaving the door open for legislators to draft a new version of the tax.

The Department of Revenue allowed anyone to purchase the stamp anonymously, and was required for any person in possession of one or more marijuana plants or more than 42.5 grams of marijuana ($3.50/gram), seven or more grams of any other unauthorized substance that is sold by weight ($50/gram for cocaine), 10 or more dosage units of any other unauthorized substance not sold by weight, or any illicit alcoholic beverage, according to the Tennessee Department of Revenue website.

A 2007 Time article about the tax said Tennessee had already brought in $3.5 million in revenue in its first three years—75% of which went to state drug enforcement agencies, and the majority of which came in fines and penalties.

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.

Illinois may release up to 11,000 non-violent prisoners from prisons across the state in an effort to save taxpayers more than $100 million, according to the Chicago Tribune.

Gov. Pat Quinn of Illinois is considering releasing prisoners convicted of drug charges and other non-violent crimes who are near the end of their sentence in order to lay off 1,000 prison workers — and boost the state’s bottom line.

The state’s Department of Corrections is currently creating a list of qualifying prisoners who may be released as soon as September.

Former Gov. Rod Blagojevich repeatedly threatened to shut down entire prisons in order to save the state money, but was never successful. Quinn’s plan would reduce the demand on each prison without closing any facilities.

Quinn has said that if his plan is not successful, the state will have to raise income tax.

About half of the states in the nation are considering similar measures to adjust deficits. Illinois spends roughly $26,000 a year to keep a prisoner behind bars.

A teen in Washington state who killed a woman in a hunting accident was sentenced to 30 days in a juvenile intentional center, according to NBC affiliate KHQ.

Tyler Kales, who was 14 at the time, was bear hunting with his brother on Sauk Mountain north of Seattle. According to his own testimony, in the fog that covered the mountains, Kales mistook 54-year-old Pamela Almil for a bear. He fired a shot that struck Almil in the head and killed her.

Kales was found guilty of second-degree manslaughter on June 2. However, at his sentencing, Judge Susan Cook acquitted Kales of the more serious first-degree manslaughter charge, finding did not act recklessly in the shooting.

Washington statute defines Second-Degree Manslaughter, a class-B felony, as:

A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person.

Cook sentenced Kales to 30 days in a juvenile detention center, 12 months under supervision with counseling, and 120 hours of community service — 40 of which must be teaching others about hunting safety.

Kales had taken hunting safety classes since the age of 9, and was legally permitted to hunt without adult supervision in the state of Washington, according to a Seattle Time article from last year.

Attorney H. Beatty Chadwick was released from a Delaware County, Pa., prison last week after spending 14 years behind bars — for contempt of court.

In 1995, a county judge overseeing Chadwick’s divorce had issued incarceration for contempt — a coercive measure used by judges — after Chadwick failed to deposit $2.5 million in a court-controlled bank account for his wife’s alimony, according to the Philadelphia Inquirer.

Chadwick maintained that he had lost the money in a bad investment overseas.

The imprisonment is a record in the U.S. for contempt.

Contempt is a court order issued by a judge during a trial or hearing, indicating that an individual has shown the court or its proceedings disrespect, such as violating a court order. Under civil contempt of court, the individual may be held indefinitely until the court order is satisfied — without the constitutional protections that criminal courts provide.

During his imprisonment, Chadwick, 73, and his defense attorney Michael J. Malloy repeatedly petitioned for his freedom. After 14 years, the judge realized that the coerce measure had become punitive.

Chadwick, who was a corporate attorney, lost his law license in the state of Pennsylvania during his incarceration, and has no income other than Social Security.

As police continue to investigate the slain man believed to have killed five people in a small South Carolina town, more incriminating details are uncovered, including his recent parole from a North Carolina prison, and had items belonging to the victims on him at the time of his death, according to CNN.

Patrick Tracy Burris was killed by police in Dallas, N.C., on July 6. Police responded to a burglary call, and found Burris with the homeowners, who identified him as an acquaintance.

After running a background check on Burris, they discovered he had a warrant out for parole violation. Burris then opened fire on the officers, shooting one in the leg. Officers returned fire and killed him, CNN reports.

Burris allegedly shot and killed five people, ages 15 to 83, in Gaffney, S.C., between July 27 and his death.

His criminal record includes only white-collar and property criminal charges, such as extortion, blackmail, and larceny. Burris served eight years for felony breaking and entering and larceny convictions.

At his parole in April, prison officials say they had no reason to suspect he would turn violent.