Wallach-On-Law Speaks With Bronson James, Who Argued The Riley v. California (Supreme Court Cell-Phone decision)

On Wallach-On-Law, we discussed the Supreme Court decision in Riley v. California, and welcomed Bronson James, the attorney who co-authored the brief submitted in Riley v. California on behalf of the National Association of Criminal Defense Lawyers.  The show aired on June 26, the day following this historical decision.  Prior to becoming a lawyer, Mr. James worked as a Data and Technology Privacy Engineer, and continues to consult on issues of data security and privacy.  And continuing our coverage of the crisis at Men's Central Jail in Los Angeles -- whose conditions the Department of Justice has recently called "deplorable" -- we welcomed Darryl Lewis and Robert Pickett, who were incarcerated at Men's Central Jail for 32 months prior to being acquitted at trial.  The story of their arrest is as unfathomable as the conditions of their confinement.  A link to the show is here:  http://www.blogtalkradio.com/wallachlaw/2014/06/26/wallach-on-law-featuring--darryl-lewis-and-robert-pickett

Wallach-On-Law speaks with Don West, a year after the verdict in the George Zimmerman trial related to the death of Trayvon Martin

July 13 marks the one-year anniversary of the verdict in the highly-publicized trial of George Zimmerman, who was charged with the murder of Trayvon Martin.  Don West, along with Mark O’Mara, were George Zimmerman’s attorneys at trial.  Don West joins us today.  Mr. West is a dedicated trial attorney whose career has largely been spent providing services to the indigent community.  He is the former Senior Litigation Counsel for the Federal Defender’s Office and supervisor of its Capital Defense Team. A criminal trial specialist, he has represented those accused of all nature of offenses.  He is a former president of the Central Florida Association of Criminal Defense Lawyers, a former director of the Florida Association of Criminal Defense Lawyers, and a fellow member of the National Association of Criminal Defense Lawyers and the National Trial Lawyers Top 100.  We will also discuss updates in the Milwaukee Stabbing case, and other criminal matters.

Department of Justice Issues Report On The Incarceration Of Daniel Chong, A 24 Year Old Student, Who Was Forgotten About And Left Unattended In A Cell Without Food, Water, Or A Bathroom For Four And A ½ Days

Daniel Chong was caught up in a drug-sting and determined not to be involved by the arresting authorities.  He was put in a cell, and forgotten about.  He almost died, after spending four days without food, water, or access to a toilet. 

The Department of Justice has released excerpts of a report in relation to their investigation of the incident.  The article, by Randy Balko, captioned “Daniel Chong is the entirely predictable result of dehumanizing drug offenders”, can be read here:  http://www.washingtonpost.com/news/the-watch/wp/2014/07/09/daniel-chong-is-the-entirely-predictable-result-of-dehumanizing-drug-offenders/ and excerpts of the report can be read here:  http://www.utsandiego.com/documents/2014/jul/08/inspector-general-report-dea-case-daniel-chong/

According to the Washington Post,

The OIG report is infuriating. We often call it the drug war, but we don’t even treat prisoners of war this way.

Four different federal drug agents saw or heard Daniel Chong during the five days he was handcuffed in a holding cell without food or water after a 2012 narcotics sweep, a U.S. Department of Justice report released on Tuesday found.

The agents did nothing because they assumed someone else was responsible for the detainee, and because there was no training for agents on how to track and monitor wards at the Kearny Mesa detention center, the report found.

So Chong wasn’t forgotten. He was ignored. 

The report goes on to discuss how DEA officials attempted to contain the incident.

Lawyers State Prosecutors In Manassas,Obtained Warrant To Force Teen To Be Taken To Hospital, Have Privates Injected To Force Arousal, To Be Photographed For Evidence In Sexting Case

If this wasn’t in the Washington Post, I wouldn’t have given this claim any credibility.  The full article, authored by Tom Jackman and captioned “In ‘sexting’ case Manassas City police want to photograph teen in sexually explicit manner, lawyers say” is here -- http://www.washingtonpost.com/blogs/local/wp/2014/07/09/in-sexting-case-manassas-city-police-want-to-photograph-teen-in-sexually-explicit-manner-lawyers-say/

According to the Washington Post,  A “Manassas City teenager accused of “sexting” a video to his girlfriend is now facing a search warrant in which Manassas City police and Prince William County prosecutors want to take a photo of his erect penis, possibly forcing the teen to become erect by taking him to a hospital and giving him an injection.”  Per the Post, “The case was set for trial on July 1, where Foster said Assistant Commonwealth’s Attorney Claiborne Richardson told her that her client must either plead guilty or police would obtain another search warrant “for pictures of his erect penis,” for comparison to the evidence from the teen’s cell phone. Foster asked how that would be accomplished and was told that “we just take him down to the hospital, give him a shot and then take the pictures that we need.””

the Manassas City Police, has since released a statement which can be read here:  http://www.washingtonpost.com/blogs/local/wp/2014/07/09/manassas-city-police-release-statement-on-teen-sexting-case/.  The statement claims that a parent complained that a 15 year old girl received pornographic videos via text from a 17 year old boy, despite requests to stop. Per the statement, “It is not the policy of the Manassas City Police or the Commonwealth Attorney’s Office to authorize invasive search procedures of suspects in cases of this nature and no such procedures have been conducted in this case.  Beyond that, neither the Police Department nor the Commonwealth’s Attorney’s Office discusses evidentiary matters prior to court hearings.”  Notably, however, while the Manassas City Police says it is not their “policy” to authorize invasive searches in these type of cases, they do not deny doing so.  Which implies that the warrant was sought after, and potentially authorized.

I hope that this is untrue.  It makes no sense whatsoever to subject a subject of a crime, during an investigation, to a more traumatic experience than that he or she is accused of inflicting.  If this happened, it was either (a) inhuman; (b) a disturbing effort to force a plea; or (c) both.

Wallach-On-Law Celebrates Independence -- With Legal Legend Gerry Goldstein and Special Guest Robert Pickett

On July 3, 2014, on Wallach-on-Law, we celebrated Independence -- and interviewed Gerry Goldstein -- a legal legend and champion of the rights of the accused, and discussed the Michael Morton exoneration and the need for criminal justice reform.  We also welcomed back Robert Picket to hear first-hand of the conditions in LA County's Men's Central Jail (and of his horrific accusation).  The episode is here:  http://www.blogtalkradio.com/wallachlaw/2014/07/03/wallach-on-law-gerry-goldstein-robert-pickett

One Of The 12 Year Old Child Attackers In The Milwaukee Stabbing Case Determined To Be Mentally Incompetent

A doctor has determined that one of the 2 12 year old girls accused in the Milwaukee child-stabbing case is not mentally competent to stand trial.  For coverage by Dinesh Ramde of the AP, read here:  http://abcnews.go.com/US/wireStory/preteens-charged-stabbing-plot-court-24392818.

This is a horrid case, where two 12 year-old girls lured a schoolmate to the woods after a sleepover.  One held her down while the other stabbed the victim 19 times.  The attackers did this because they believe an internet character – Slenderman – was real, lived close by, and they wanted to prove themselves worthy to him. 

Under Wisconsin law, anyone who attempts or commits a murder and is over 10 is charged as an adult. 

One of the attorneys called for a mental health evaluation for his child-client.  And yesterday, July 2, a doctor determined that she was incompetent to stand trial.  This is a good thing.  If the doctor’s opinion is upheld, this child will go to a mental health facility, suited for the juvenile and disturbed mind, as opposed to a juvenile, and then adult, prison.  (The other child’s case is still set to proceed in adult court, instead of juvenile court).

Waukesha County District Attorney Brad Schimel has stated “If we put them through the juvenile system, we have them until they’re age 25. And then we’re done”  

This is true.  The other alternative is Mental Health treatment, in which case they would “have them until they no longer pose a danger”.  Alternatively, they could be tried as adults, get 60 years, grow up for prison, grow old in prison, and if lucky, be released at the age of 72. 

This is an easy case for the prosecutors.  The children committed the act.  The children confessed.  And what occurred was a travesty.  But giving up on children is a travesty as well.  Raising children in prison for a life in prison is barbaric.  I have a hard time believing that pre-teens are beyond redemption.  The State of Milwaukee does not.

One year, District Attorney Brad Schimel will likely run for office.  When that time comes, please remember this -- Brad Schimel wants some children in prison, forever.

These are children.  Please don’t give up on them. 

L.A County Deputies Found Guilty In Obstruction of Justice Trial

The six deputies on trial in the case surrounding the obstruction of an FBI investigation were found guilty today.  The jury received the case on Thursday. 

The Los Angeles Time’s coverage of the case and verdict can be read here:  http://www.latimes.com/local/lanow/la-me-ln-six-deputies-convicted-of-obstruction-20140629-story.html

The defense had argued that these deputies – including two sergeants and two lieutenants – were simply “worker bees” following the orders of Sheriffs Baca and Tanaka. 

This is a just conviction.  These officers hid Anthony Brown, and FBI informant, from the FBI and the U.S. Marshalls (who had a warrant for him).  And in so doing, changed his name in the jail records, moved him from wing-to-wing (including hiding him in the infectious disease ward) and one even lied to an FBI agent claiming that there was a warrant out for that agent’s arrest.  These officers have sworn to uphold the law, but instead acted as though they were above it.

The deputies face sentences of up to 15 years each as a result of the conviction.

I anticipate that either sentencing will be put over for a substantial period of time, or that the officers will receive substantial sentences that can be reduced if they are able to assist the DOJ with its ongoing prosecution of 14 other deputies also arrested in connection with Men’s Central Jail, as well as additional prosecutions which have yet to be filed (and may include Sheriffs Baca and Tanaka).