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	<title>Total Criminal Defense Blog</title>
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	<link>http://www.totalcriminaldefense.com/blog</link>
	<description>Criminal Defense Lawyers Educating Consumers</description>
	<pubDate>Fri, 27 Aug 2010 17:25:47 +0000</pubDate>
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		<title>9th Circuit Holds That A Corporation Can&#8217;t Be Threatened</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/08/27/9th-circuit-holds-that-a-corporation-cant-be-threatened/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/08/27/9th-circuit-holds-that-a-corporation-cant-be-threatened/#comments</comments>
		<pubDate>Fri, 27 Aug 2010 17:25:47 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Criminal Courts]]></category>

		<category><![CDATA[after conviction]]></category>

		<category><![CDATA[appeals]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=414</guid>
		<description><![CDATA[Apparently, if you want to threaten Superbowl viewers lives without punishment, all you need to do is address your letters to media organizations instead of actual individuals. At least that’s what worked for Kurt Havelock, whose conviction of mailing threatening messages was overturned by the ninth circuit this week.
According to the LA Times, Havelock was [...]]]></description>
			<content:encoded><![CDATA[<p>Apparently, if you want to threaten Superbowl viewers lives without punishment, all you need to do is address your letters to media organizations instead of actual individuals. At least that’s what worked for Kurt Havelock, whose conviction of mailing threatening messages was overturned by the ninth circuit this week.</p>
<p>According to the <a href="http://www.latimes.com/news/local/la-me-superbowl-plotter-20100824,0,7209107.story" title="latimes.com" target="_blank">LA Times</a>, Havelock was upset because he had been denied a liquor license for his horror-themed bar in Tempe, Arizona. So he decided to vent his frustrations at the 2008 Superbowl. Havelock gathered an assault rifle and 200 rounds of ammunition, which he planned to use to randomly kill football fans as they entered the Superbowl at the University of Phoenix stadium.</p>
<p>Just before he drove to the parking lot of the Superbowl, he dropped six priority mail envelopes in the mailbox, all mailed to different news organizations. These mailings included the death threats against the spectators as well as a “rambling manifesto.” Havelock continued on to the parking lot, where he waited for fans to arrive. </p>
<p>Thankfully, he had a change of heart and decided to leave before harming anyone. He called his father, and then he and both his parents went to the police station in Tempe to report the incident. The Tempe police could not tell if any laws had been violated, but federal agents, who came to the station to interview Havelock, filed <a href="http://www.totalcriminaldefense.com/" title="criminal defense lawyers">criminal charges</a>. He was sentenced to 366 days in prison, followed by 36 months of probation. Havelock actually served his entire jail sentence before the appeals process was through.</p>
<p>Keep in mind, Havelock was never charged or convicted with murder or attempted murder. He changed his mind before there was any “substantial step” towards completing the crime. (For instance, he had the weapon and ammunition, but never left his car.) He was convicted of six counts of “mailing threatening communications.” So why was the verdict overturned on appeal?</p>
<p>Because the letters were mailed to corporations, not people. The majority opinion said, “It makes no sense to threaten ‘to injure the person’ of a corporation.” Because the information in the mailing envelopes was not addressed to an actual individual, there was no real threat, and the ninth circuit allowed Havelock to walk free.</p>
<p>That’s not to say that everyone agreed with the decision. Judge Susan Graber dissented in the opinion, saying that “the majority’s interpretation produces absurd results.”  </p>
<p>One person who is happy? Havelock’s public defender, Daniel Kaplan who said he thinks Havelock “just wants to move on with his life,” and that he hopes the appeals process is completely over.</p>
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		<title>Mother Charged in Death of Twins</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/08/20/mother-charged-in-death-of-twins/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/08/20/mother-charged-in-death-of-twins/#comments</comments>
		<pubDate>Fri, 20 Aug 2010 15:27:00 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Criminal Defense Law]]></category>

		<category><![CDATA[chicago]]></category>

		<category><![CDATA[child endangerment]]></category>

		<category><![CDATA[homicide]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=413</guid>
		<description><![CDATA[Regina Lofton put her 13-month-old twins down for a nap in the upstairs bedroom of her home in the 10600 block of Wentworth Avenue in Chicago. She left the home, even getting a shrimp basket from a local diner. Lee Sweis, the manager said “She seemed happy.” She didn’t actually check on her children for [...]]]></description>
			<content:encoded><![CDATA[<p>Regina Lofton put her 13-month-old twins down for a nap in the upstairs bedroom of her home in the 10600 block of Wentworth Avenue in Chicago. She left the home, even getting a shrimp basket from a local diner. Lee Sweis, the manager said “She seemed happy.” She didn’t actually check on her children for a total of five and a half hours, until she went upstairs to feed them. According to the <a href="http://www.chicagotribune.com/news/local/ct-met-twins-homicide-0814-20100813,0,4757563.story" title="chicagotribune.com" target="_blank">Chicago Tribune</a>, when the police were called to the home at about 5:50 pm, it was already too late.  The twins were pronounced dead less than an hour later.</p>
<p>The Chicago Sun-Times reports the condition of the home as “deplorable.” The temperature had crawled over 90 degrees outdoors, and the only air conditioner in the upstairs bedroom was turned off. The window of the room was open, but blocked by towels, increasing the temperature of the upstairs bedroom. The entire second floor of the home was covered in dog feces, urine, and dirty diapers.  </p>
<p>The autopsy confirmed that the twins died of hyperthermia, environmental exposure, and failure to thrive due to maternal neglect. Hyperthermia can lead to other complications, such as dehydration, salt imbalances, and even heart complications. This is especially true for such small children, who were underweight and undernourished. (Kimora and Kamari were only thirteen pounds; the typical weight for a thirteen-month-old is about 22 pounds, according to <a href="http://www.kidsgrowth.com/stages/viewgrowthcharts.cfm?id=GW036" title="kidsgrowth.com" target="_blank">kidsgrowth.com</a>.) Chicago Police Superintendent Jody Weis reminds people that “extreme heat conditions can be very deadly for the very young and the very old,” as tragically demonstrated in this scenario.</p>
<p>The deaths have been ruled a <a href="http://www.totalcriminaldefense.com/crimes-a-z/violent/homicide.aspx" title="homicide charges">homicide</a>, and Loft has been charged with <a href="http://www.totalcriminaldefense.com/crimes-a-z/against-children/child-neglect.aspx" title="child neglect">endangering the life of a child</a>, a class three felony. Loft’s family insists that she did not intentionally neglect her child, but was overwhelmed. At 21 years old, she already had five children, one of which is in neonatal care at the hospital because of premature birth.</p>
<p>Judge Portman ordered Lofton held in lieu of $350,000 bond. She faces up to 20 years in prison. The Illinois Department of Child and Family Services is investigating the possibility of neglect at Lofton’s home, but has never had any previous contact with the family.</p>
<p>Jaqueline Ray, the children’s paternal grandmother, insists “Gigi is not a bad mother. She’s just young and she’s been through a lot. She’s not a bad person; everybody makes mistakes.” Lofton has been living with Ray for about a month in order to get back on her feet.</p>
<p>The children’s father was not available for comment.</p>
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		<title>Twitter Leads to Arrest on Boston Transit System</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/08/13/twitter-leads-to-arrest-on-boston-transit-system/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/08/13/twitter-leads-to-arrest-on-boston-transit-system/#comments</comments>
		<pubDate>Fri, 13 Aug 2010 15:13:06 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Criminal Arrests]]></category>

		<category><![CDATA[boston]]></category>

		<category><![CDATA[twitter]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=412</guid>
		<description><![CDATA[You probably know what Twitter is. Just in case, though, here’s a quick explanation: Twitter is an internet networking site that allows users to post thoughts and comments, known as &#8220;tweets&#8221;, provided those thoughts are less than 140 characters, including spaces.
With such a small space limit, what could Twitter possibly be good for? You can [...]]]></description>
			<content:encoded><![CDATA[<p>You probably know what Twitter is. Just in case, though, here’s a quick explanation: <a title="Twitter" href="http://twitter.com/">Twitter</a> is an internet networking site that allows users to post thoughts and comments, known as &#8220;tweets&#8221;, provided those thoughts are less than 140 characters, including spaces.</p>
<p>With such a small space limit, what could Twitter possibly be good for? You can go to Twitter to find witty comments, links to other websites, quick news, and of course, to catch criminals.</p>
<p>You read that correctly. Recently, Twitter led to an arrest on the Boston’s metro system, the MBTA, more commonly known as the “T”.</p>
<p>Nay Kuhn was riding the red line train into Boston last week, when he noticed a man exposing and fondling himself, reports the <a title="bostonherald.com" href="http://news.bostonherald.com/news/regional/view/20100807t_rider_uses_twitter_to_alert_cops_to_perv_tweet_tip_of_the_iceberg/" target="_blank">Boston Herald</a>. He wasn’t sure what to do. He didn’t want to call 911, because he didn’t think he would be able to relay what he was seeing. And he didn’t want to confront the man in case he was under the influence of drugs or alcohol.</p>
<p>Instead, he pulled out his cell phone and tweeted the following message: “#mbta pervert on 2nd car of red line going to Braintree just passed Charles help me report him in hat.” He also took a picture of the man, and added it to the tweet. He decided to allow the internet work its magic and trust that someone would report the tweet to the appropriate authorities.</p>
<p>And the crazy thing is that it worked. At first, all he got was a reply from another Twitter user, stating, “call the MBTA Police at (617) 222-1212.” But someone else must have reported the message to the transit system, because detectives met him in person later that week, and wanted posters of the perpetrator were put up in the T.</p>
<p>According to <a title="wbztv.com" href="http://wbztv.com/local/transit.police.twitter.2.1848102.html" target="_blank">WBZTV</a>, MBTA cops arrested Lawrence Maguire late Friday night in connection with the incident. He was <a title="criminal defense lawyers" href="http://www.totalcriminaldefense.com/">criminally charged</a> with gross and indecent exposure.</p>
<p>MBTA manager Richard Davey reportedly loves the idea of using Twitter to help catch criminals.  Davey has announced that a system-wide Transit Police Twitter account is going to be launched soon. He recognizes the value of getting real-time information from passengers.</p>
<p>Many passengers now carry smartphones and other devices that would allow them to help report problems as they happen, making the job of the transit police that much easier.</p>
<p>In recent weeks, the system has used more photos taken on cellphones to make wanted posters, and has been using social media to catch criminals. Davey cautions, though, that social media is no replacement for calling 911.</p>
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		<title>Surprise! Snooki Arrested for Being Disorderly</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/08/04/surprise-snooki-arrested-for-being-disorderly/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/08/04/surprise-snooki-arrested-for-being-disorderly/#comments</comments>
		<pubDate>Wed, 04 Aug 2010 16:25:29 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Celebrity Arrests]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=411</guid>
		<description><![CDATA[By now you probably either love the MTV show Jersey Shore or despise Jersey Shore, the reality television show phenomenon that follows a young group of Italian Americans who don’t seem to have a real purpose. The show is so popular and the second season so eagerly anticipated that the cast was invited to ring [...]]]></description>
			<content:encoded><![CDATA[<p>By now you probably either love the MTV show <em>Jersey Shore</em> or despise <em>Jersey Shore</em>, the reality television show phenomenon that follows a young group of Italian Americans who don’t seem to have a real purpose. The show is so popular and the second season so eagerly anticipated that the cast was invited to ring the opening bell of the New York Stock Exchange.</p>
<p>The most popular cast member of the show is arguably Nicole Polizzi, more commonly known as Snooki. Famous for wearing tight clothing, having New Jersey’s tallest hair, and getting punched in the face at a bar during the show’s first season, is it any wonder that she was arrested for disorderly conduct in Seaside Heights, New Jersey last week?</p>
<p>The cast was having a party on the beach Friday, July 30 while shooting for the third season of the show, according to the <a title="nydailynews.com" href="http://www.nydailynews.com/gossip/2010/07/31/2010-07-31_snooki_from_jersey_shore_hits_cops_with_expletivefilled_rant_during_her_arrest.html" target="_blank">New York Daily News</a>. Snooki had allegedly been drinking out of a funnel, as well as bothering people who were not related to the show.</p>
<p>When the cops showed up to handle the situation, it was clear that she needed some time away from the beach to cool off. When the cops did take her away, she apparently shouted expletives as well as asking them, “Do you know who I am?”  However, using her reality show fame didn’t work as a get-out-of-jail-free card—after all, even Lindsay Lohan has to make her court dates these days.</p>
<p>Snooki didn’t spend long in jail, though. She was released in a timely manner, and fellow cast member “JWoww” picked up her friend—but only after updating her Twitter and putting on appropriate attire:  a “Free Snooki” t-shirt, according to the <a title="dailymail.co.uk" href="http://www.dailymail.co.uk/tvshowbiz/article-1299049/Shame-faced-Snooki-released-jail-causing-drunken-disorder-Jersey-Shore.html" target="_blank">UK Daily Mail</a>.</p>
<p>Some people think that this may have been a ploy by the actress to keep her place as the most famous cast member. After all, she did go on strike last year to be sure that she would be paid more for a second season. Her ex-boyfriend thinks this may even have been a way to get on other shows such as Celebrity Rehab.</p>
<p>Fans will have to wait for footage of the arrest though. While the show insists that the arrest was not staged, it was filmed for use in the upcoming third season. The current season focuses on the gang’s trip to Miami.</p>
<p>The charge is a <a title="misdemeanor vs. felony" href="http://www.totalcriminaldefense.com/overview/classification-of-criminal-offenses.aspx">misdemeanor</a> and does not require bail, but Snooki was issued with a summons to appear before a judge on August 18.</p>
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		<title>Oldest Juvenile in California Not to Be Released</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/07/30/oldest-juvenile-in-california-not-to-be-released/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/07/30/oldest-juvenile-in-california-not-to-be-released/#comments</comments>
		<pubDate>Fri, 30 Jul 2010 15:56:25 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Criminal Defense Law]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=410</guid>
		<description><![CDATA[In 1988, Donald Schmidt was convicted of sodomizing and murdering a three-year-old girl. He was sixteen and was sentenced to a juvenile detention center.
Schmidt is now 38 years old, and is the oldest member of California’s juvenile system. Most juvenile convicts are moved to the state prison at the age of 25, but prosecuting attorneys [...]]]></description>
			<content:encoded><![CDATA[<p>In 1988, Donald Schmidt was convicted of sodomizing and murdering a three-year-old girl. He was sixteen and was sentenced to a juvenile detention center.</p>
<p>Schmidt is now 38 years old, and is the oldest member of California’s <a title="juvenile crime" href="http://www.totalcriminaldefense.com/juvenile-crime/default.aspx">juvenile system</a>. Most juvenile convicts are moved to the state prison at the age of 25, but prosecuting attorneys turned to a little-used state law to keep him in the juvenile system by <a title="mercurynews.com" href="http://www.mercurynews.com/news/ci_15590723" target="_blank">declaring him dangerous</a>. Prosecutors used the same law in order to make Schmidt ineligible for parole.</p>
<p>However, last week the state considered sending Schmidt to a halfway house in Good Hope, California, in order to rehabilitate him during the last few years of his sentence. The facility was less than a mile from Good Hope Elementary School, <a title="swrnn.com" href="http://www.swrnn.com/southwest-riverside/2010-07-23/news/rivco-supervisors-to-consider-housing-limits-for-parolees-sex-offenders" target="_blank">reports SWRNN</a>. Riverside County immediately began to protest the placement, noting the location of the halfway house, as well as the fact that Schmidt had no family in the county to help him recover, nor did his crime actually take place in their county and therefore they were not responsible for his rehabilitative needs.</p>
<p>The county drew up two emergency ordinances to make the area less “inviting” for parolees and probationers. The first measure calls for a prohibition against anyone operating a halfway house in one of the county’s unincorporated communities. Small, state-licensed facilities were exempt from the ordinance. The ordinance also barred any land-use approval or building permits from being issued for parole-probationer homes.</p>
<p>The second ordinance is more common, and prohibits any convicted sex offender from living within 2,000 feet of any school, park, or child day care facility. However, it also prohibits convicted sex offenders from living together or even staying in a hotel together unless they’re married.  It even prohibits hotels from knowingly renting more than 10% of their rooms to convicted sex offenders.  Both ordinances are expected to be in effect for forty-five days, at which point the county will draw up more permanent regulations.</p>
<p>Because of the quick action taken by the county, Schmidt will not be placed at the halfway home in Good Hope. The Riverside County Board <a title="nctimes.com" href="http://www.nctimes.com/news/local/swcounty/article_95fd2554-cc65-5862-8b7e-affa866ffe87.html" target="_blank">considers it an example</a> of “what a community can do if it stands up early.” And while the county considers it a victory, the state of California disagrees. Schmidt must be released by June 2011, unless he is placed in some sort of rehabilitative home, in which case he could be monitored until 2013.</p>
<p>Bill Sessa, a spokesman for the California Department of Corrections maintains that Schmidt’s treatment “is in the best interest of every community in the state.”</p>
<p>What do you think? Should communities be able to draw up these sorts of measures in order to prevent criminals from receiving treatment there? Or is California correct in their belief that it’s better Schmidt go somewhere and be watched rather than just released into society?</p>
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		<title>John Stamos&#8217; Extortionists Convicted</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/07/22/john-stamos-extortionists-convicted/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/07/22/john-stamos-extortionists-convicted/#comments</comments>
		<pubDate>Thu, 22 Jul 2010 17:16:24 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Criminal Law News]]></category>

		<category><![CDATA[extortion]]></category>

		<category><![CDATA[john stamos]]></category>

		<category><![CDATA[Michigan]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=409</guid>
		<description><![CDATA[“Everywhere you look” is a person trying to make a quick buck. And that’s no exception in the recent criminal case involving John Stamos, the actor who played the beloved Uncle Jesse on the popular ‘90s TGIF show “Full House.”
Scott Edward Sippola and Allison Lenore Coss, Michigan residents, were convicted on July 17 for allegedly [...]]]></description>
			<content:encoded><![CDATA[<p>“Everywhere you look” is a person trying to make a quick buck. And that’s no exception in the recent criminal case involving John Stamos, the actor who played the beloved Uncle Jesse on the popular ‘90s TGIF show “Full House.”</p>
<p>Scott Edward Sippola and Allison Lenore Coss, Michigan residents, were convicted on July 17 for allegedly trying to extort money from Stamos, <a title="cnn.com" href="http://www.cnn.com/2010/SHOWBIZ/celebrity.news.gossip/07/15/stamos.extortion.trial/" target="_blank">reports CNN</a>. The couple claimed to have photographs of Stamos nude and doing cocaine while surrounded by strippers, taken on the week he split from his wife.</p>
<p>They also claimed that Stamos and Coss had formed a romantic relationship that started when she was seventeen, which resulted in a pregnancy.</p>
<p>Stamos admitted to an e-mail exchange with Coss, which he characterized as fun, and even flirty, but says that he never considered her more than a friend. These e-mails continued until Coss asked for $680,000, in exchange for which she would not give the photographs of Stamos’ alleged inappropriate behavior to the tabloids.</p>
<p>At this point, Stamos said he felt “threatened and violated” and contacted the authorities, who took over the electronic correspondence. Their involvement culminated in a sting operation at Coss’s and Sippola’s home, in which FBI agents tricked Sippola and Coss into believing that one of Stamos’ representatives was going to fly to Michigan with a bag of cash. No photos were ever recovered.</p>
<p>Sippola and Coss were charged with conspiracy and two counts of extortion. Their <a title="criminal defense lawyers" href="http://www.totalcriminaldefense.com/">defense attorneys</a> attempted to smear Stamos&#8217; reputation, as well as that of the FBI. Stamos, however, insisted that the “slanderous allegations were … part of their defense to redirect attention away from the federal crime of extortion,” and that “nothing sexual in nature” occurred.</p>
<p>Assistant U.S. Attorney Maarten Vermaat called it a “get-rich-quick-scheme” and doubted that Shakespeare could have even dreamed up something like this.</p>
<p>Stamos sat in the front row of the courthouse throughout the trial, awaiting the verdict. The jurors deliberated for about five hours in the Marquette, Michigan, courthouse. Their decision: guilty on all counts. Coss and Sippola could face up to nine years in jail for the offense: five for the conspiracy charge and two for each charge of <a title="extortion charges" href="http://www.totalcriminaldefense.com/crimes-a-z/white-collar/extortion.aspx">extortion</a>.</p>
<p>Sentencing is set for October eighth.</p>
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		<title>Free Jerry Hobbs?</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/07/16/free-jerry-hobbs/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/07/16/free-jerry-hobbs/#comments</comments>
		<pubDate>Fri, 16 Jul 2010 16:43:59 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Criminal Arrests]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=408</guid>
		<description><![CDATA[Should Jerry Hobbs go free?  His attorney says yes, as do many other people in the legal community.  But who is Jerry Hobbs, and why has he been held without bail since he was charged in 2005?
Jerry Hobbs is a man with a long rap sheet. Some of his crimes include assault, possession [...]]]></description>
			<content:encoded><![CDATA[<p>Should Jerry Hobbs go free?  His attorney says yes, as do many other people in the legal community.  But who is Jerry Hobbs, and why has he been held without bail since he was charged in 2005?</p>
<p>Jerry Hobbs is a man with a <a href="http://www.kcci.com/news/4473376/detail.html" title="kcci.com" target="_blank">long rap sheet</a>. Some of his crimes include assault, possession of marijuana, and resisting arrest. But Jerry Hobbs is not in jail for those crimes. </p>
<p>Jerry Hobbs is in prison for the alleged murder of two little girls in Zion, Illinois, one his daughter and the other her friend. As the story goes, Mr. Hobbs was angry because his daughter did not come home when she was supposed to, and he killed both of the children. He then dragged them to the woods and laid them side-by-side. During the search the next day, he “found” the girls. He was arrested and charged with two counts of murder in the first degree, according to the original report from <a href="http://www.cbsnews.com/stories/2005/05/11/national/main694398.shtml" title="cbsnews.com" target="_blank">CBS News</a>. He even admitted to the crime during a videotaped confession.</p>
<p>There is only one problem: the DNA at the scene does not belong to Hobbs. Moreover, his attorneys insist that the confession was forced out of him during a 20-hour interrogation, reports the <a href="http://www.suntimes.com/news/24-7/2474978,zion-hobbs-murder-charge-drop-070710.article" title="suntimes.com" target="_blank">Chicago Sun-Times</a>.</p>
<p>The lack of physical evidence linking Hobbs to the scene of the crime is not a new problem; in fact, it has been known since the beginning of proceedings that the DNA at the scene does not match. Nevertheless, Hobbs remained in prison for a crime he may have committed.</p>
<p>However, the Washington Post reports that on June 25, an individual was taken into custody in Arlington County, Virginia for a number of felony charges. Virginia is one of eighteen states to participate in “arrest sampling.” As soon as an individual is arrested, a DNA sample is taken from him, rather than waiting until after his conviction. In this case, the DNA of Jorge “George” Torrez matched the semen found at the scene of the crime in Zion, Illinois. Torrez lived in Zion until his graduation from high school in 2006, placing him neatly in the vicinity of the crime. Investigators from Lake County, Illinois, have already traveled to Arlington in order to take more DNA samples to verify the match.</p>
<p>Hobbs’ <a href="http://www.totalcriminaldefense.com/" title="criminal defense">defense attorneys</a> think that the DNA evidence should cast enough shadow on the prosecutor’s case that it will not meet the standard of proof “beyond a reasonable doubt.” <a target="_blank" title="chicagotribune.com">href=&#8221;http://www.chicagotribune.com/news/chi-ap-il-girlsdead-hobbs,0,3247031.story&#8221;>The Chicago Tribune</a> reports that Circuit Court judge Fred Foreman has set a July 21 hearing date for arguments on the evidentiary matter, but prosecutors insist they need more time to investigate. Hobbs will still not be released on bail, however, according to <a href="http://www.chicagobreakingnews.com/2010/07/lawyer-dna-points-to-new-suspect-in-slaying-of-girls-in-zion.html" target="_blank" title="chicagobreakingnews.com">Chicago Breaking News</a>. The judge feels that there should be no premature speculation in this case.</p>
<p>So the question remains: Will Jerry Hobbs be freed? Or will he be convicted of a crime he may not have committed?</p>
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		<title>Actor Jeffrey Jones Arrested on Sex Offender Charges</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/07/08/actor-jeffrey-jones-arrested-on-sex-offender-charges/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/07/08/actor-jeffrey-jones-arrested-on-sex-offender-charges/#comments</comments>
		<pubDate>Thu, 08 Jul 2010 16:19:32 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Celebrity Arrests]]></category>

		<category><![CDATA[child pornography]]></category>

		<category><![CDATA[los angeles]]></category>

		<category><![CDATA[sex offender registry]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=407</guid>
		<description><![CDATA[&#8220;Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.&#8221; And if you forget to update the sex offender registry, you could get arrested.
Just ask Jeffrey Jones, the despotic principal from the iconic film Ferris Bueller’s Day Off. While Jones&#8217; most famous role may have been [...]]]></description>
			<content:encoded><![CDATA[<p>&#8220;Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.&#8221; And if you forget to update the sex offender registry, you could get arrested.</p>
<p>Just ask Jeffrey Jones, the despotic principal from the iconic film <em>Ferris Bueller’s Day Off</em>. While Jones&#8217; most famous role may have been in the 1986 cult classic, he was also in films such as <em>Beetlejuice</em> and <em>The Crucible</em> with Winona Ryder, <em>Amadeus</em>, and the children&#8217;s film <em>Stuart Little</em>. His latest break into the headlines, though, doesn&#8217;t have quite the star quality of his past accomplishments.</p>
<p>The 63-year-old actor was arrested on June 23, after failing to update the sex offender registry.</p>
<p>Jones was originally placed on probation and was ordered to register as a sex offender back in 2003, after he pleaded no contest to inducing a fourteen-year-old boy, identified in court records as Steven C., to pose nude in photographs. A misdemeanor charge of <a title="Child pornography possession charges" href="http://www.totalcriminaldefense.com/crimes-a-z/against-children/child-pornography.aspx">possession of child pornography</a> was dropped.</p>
<p>According to the <a title="latimes.com" href="http://latimesblogs.latimes.com/lanow/2010/06/actor-jeffrey-jones-best-known-for-his-portrayal-of-a-high-school-dean-in-the-film-ferris-buellers-day-off-was-charged-afte.html" target="_blank">LA Times</a>, starting in the year 2000, Jones paid the boy to pose for him twice in his Hollywood Hills home. Jones had sexually explicit pictures of the teen as a cowboy, an Indian with a headdress, and holding a stuffed animal. Jones met the Fontana teen through another photographer, who allegedly abused the child.</p>
<p>All sex offenders are required to update the registry within five days of their birthday, in Jones&#8217; case, September 28, 2009. Sex offenders must report any change of establishment as well as, in states such as Alaska, any change in e-mail address, instant messaging screen names, or other internet communication aliases.</p>
<p>Jones was arrested and charged with a single felony. The Los Angeles County District Attorney’s office has since released the actor on a $20,000 bail, according to <a title="torontosun.com" href="http://www.torontosun.com/entertainment/movies/2010/07/01/14575036-wenn-story.html" target="_blank">The Toronto Sun</a>. This is not the first time Jones has committed this crime. He was arrested for <a title="sex offender registry" href="http://www.totalcriminaldefense.com/crimes-a-z/against-children/failure-to-register.aspx">failure to register</a> in 2004, when he moved to Florida and failed to update the registry on his change of establishment.</p>
<p>Jones is due for arraignment on July 14, and if he is convicted, he could face up to three years behind bars in the state prison. Just goes to show, only Ferris Bueller ever gets to pay hooky and avoid the consequences.</p>
<p>Currently, there are no comments from Jones or from his management team.</p>
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		<title>Woman Fakes Pregnancy, Attempts to Steal a Baby</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/07/02/woman-fakes-pregnancy-attempts-to-steal-a-baby/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/07/02/woman-fakes-pregnancy-attempts-to-steal-a-baby/#comments</comments>
		<pubDate>Fri, 02 Jul 2010 15:40:16 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Criminal Arrests]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=406</guid>
		<description><![CDATA[Stories of false pregnancies and kidnapped babies seem to pop up in soap operas or primetime dramas, but one small Midwest town is making headlines after two new parents were stabbed as a woman allegedly tried to snatch their one-month old baby.
Stephanie Foster, 34, of Terre Haute, Indiana, is facing five felony charges after allegedly [...]]]></description>
			<content:encoded><![CDATA[<p>Stories of false pregnancies and kidnapped babies seem to pop up in soap operas or primetime dramas, but one small Midwest town is making headlines after two new parents were stabbed as a woman allegedly tried to snatch their one-month old baby.</p>
<p>Stephanie Foster, 34, of Terre Haute, Indiana, is facing five <a href="http://www.totalcriminaldefense.com/" title="Criminal charges">felony charges</a> after allegedly stabbing Ashley and Michael Speer as part of a complicated ruse to hide a miscarriage from her husband.</p>
<p>Vigo County Sheriff Jon Marvel said Foster hid her miscarriage from her husband, who was &#8220;elated&#8221; about the pregnancy, by gradually stuffing her shirt with pillows, and using a paintbrush hidden inside her clothing to make it seem like the &#8220;baby&#8221; was moving, according to the <a href="http://www.bostonherald.com/news/national/midwest/view.bg?articleid=1263757" title="bostonherald.com" target="_blank">Boston Herald</a>.</p>
<p>She also attended baby showers that were held in her honor, and forged birth certificates while taking classes at Ivy Tech Community College.</p>
<p>As her delivery date approached, she began checking the birth announcements in the local newspaper, which is how she found the Speers and their month-old baby boy. Ms. Foster allegedly entered the home with no intention of hurting the couple, and she simply asked to use the phone.  Mrs. Speer let her in. Her husband, who works nights, was sleeping inside the home. Ms. Foster dialed a random number, hung up and went back to her car. She then returned with a BB gun and a knife, according to police reports.  </p>
<p>Ms. Foster began stabbing Mrs. Speer, and when Mr. Speer heard her yells, he woke up and entered the living room to find an apparently pregnant woman stabbing his wife. Ms. Foster then turned to attack him until he subdued her. The police arrived soon after to arrest her.</p>
<p>Both the Speers were treated for stab wounds. Mr. Speer was released immediately; Mrs. Speer was in critical condition but has since been released. As for the baby, he slept through it all.</p>
<p>Ms. Foster has since been charged with no less than five felonies: attempted murder, attempted armed robbery, attempted criminal confinement, and two counts of aggravated battery, according to <a href="http://www.cbsnews.com/stories/2010/06/26/earlyshow/saturday/main6620750.shtml" title="cbsnews.com" target="_blank">CBS News</a>. If convicted of all five crimes, she could face up to 160 years in jail.</p>
<p>The <a href="http://tribstar.com/news/x657347447/NEW-Woman-hears-formal-charges-in-violent-assault" title="tribstar.com" target="_blank">Terre Haute Tribune-Star</a> reported that Ms. Foster appeared from jail via video link and seemed confused, though she expressed concern for Mrs. Speer’s health. </p>
<p>She has been appointed a public defender, and it is not yet clear whether she will enter a plea of not guilty by reason of insanity. No cameras were allowed in the courtroom while Ms. Foster was being charged, though the hearing had members of state, local, and national news media listening in and taking notes.</p>
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		<title>BP May Face Criminal Charges</title>
		<link>http://www.totalcriminaldefense.com/blog/2010/06/28/bp-may-face-criminal-charges/</link>
		<comments>http://www.totalcriminaldefense.com/blog/2010/06/28/bp-may-face-criminal-charges/#comments</comments>
		<pubDate>Mon, 28 Jun 2010 16:19:18 +0000</pubDate>
		<dc:creator>Criminal Defense</dc:creator>
		
		<category><![CDATA[Crime News]]></category>

		<category><![CDATA[BP]]></category>

		<category><![CDATA[environmental damages]]></category>

		<category><![CDATA[gulf spill]]></category>

		<category><![CDATA[oil spill]]></category>

		<category><![CDATA[Tony Hayworth]]></category>

		<guid isPermaLink="false">http://www.totalcriminaldefense.com/blog/?p=405</guid>
		<description><![CDATA[The oil spill is on the minds of many Americans, in part due to the fact that it is featured nightly on prime-time news programs. Many of the questions being asked are about what BP is doing to clean up the mess, when the problem will be solved, and how bad the damage is going [...]]]></description>
			<content:encoded><![CDATA[<p>The oil spill is on the minds of many Americans, in part due to the fact that it is featured nightly on prime-time news programs. Many of the questions being asked are about what BP is doing to clean up the mess, when the problem will be solved, and how bad the damage is going to become. But one of the major topics is whether BP will face criminal sanctions for the damage they have done to the Gulf of Mexico and the Gulf Coast. The most simple answer is “maybe.”</p>
<p>BP could face <a title="criminal defense" href="http://www.totalcriminaldefense.com/">criminal charges</a> under three different federal laws: The Refuse Act, The Migratory Bird Treaty, and the Clean Water Act. The first two are “strict liability” crimes, meaning that BP didn’t have to have any intent to commit the crime; just the fact that it happened is enough for charges to be raised. However, because the standard for intent is so low in strict liability crimes, the punishment is also usually relatively small. The Clean Water Act requires proof that BP acted negligently, or that BP did not take the proper care in drilling the oil wells. This is still a fairly low burden of proof for a prosecutor to handle.</p>
<p>The thing to note about these crimes is that they are all misdemeanors, with correspondingly low sentences. In order for the violation of the Clean Water Act to be considered a felony, it must be proven that BP acted knowingly. This is still not a huge burden of proof; it simply requires proof that BP knew that their pumps were below regulation standards. <a title="chron.com" href="http://www.chron.com/disp/story.mpl/business/7051624.html" target="_blank">The Houston Chronicle</a> reports that this would be a difficult charge unless the prosecutor could bring actual evidence that BP had actively deceived safety officials.</p>
<p>One vision that most Americans would like to see is BP’s CEO Tony Hayworth in handcuffs, being led into prison. And while these environmental violations would impose prison sentences, Lawrence Goldman, a former president of the National Association of Criminal Defense Lawyers, in an interview with <a title="cnn.com" href="http://money.cnn.com/2010/06/16/news/companies/bp_jail/" target="_blank">CNN</a>, warns people tracking the news of the oil spill not to hold their breaths. Chances are, Tony Hayworth will remain free, and some unlucky mid-level employees will take the fall for the company at large.</p>
<p>The true precedent in this situation is, of course, the Exxon Valdez case. The difference is that in that case, the captain of the boat was intoxicated and Exxon knew he had a drinking problem. And even then, when the company was sanctioned for $150 million, the government eventually forgave $125 million. So it is possible that BP will not even receive heavy sanctions for its pollution. On the other hand, the damage to the gulf is far worse than the damage to the Alaskan shoreline was.</p>
<p>And one more thing going against BP? Tony Hayworth’s behavior in his July 17th Congressional hearing. According to the <a title="washingtonpost.com" href="http://www.washingtonpost.com/wp-dyn/content/article/2010/06/17/AR2010061705855.html" target="_blank">Washington Post</a>, he evaded most of the questions with a reported 55 “I don’ts”, 42 “I’m nots”, and 28 “I can’ts.” Perhaps there’s hope for BP to face some sort of formal criminal charges after all.</p>
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