Tuesday, May 24, 2016

Friday, May 20, 2016.  9TH CIRCUIT DECISION RELATED TO INMATES' RIGHT TO SUE USA FOR CLAIMS ARISING FROM VALLEY FEVER INFECTIONS AT TAFT COVERED BY ASSOCIATED PRESS AND OTHER AGENCIES.
Articles included:

  • SF Gate, May 20, 2016, "Appeals court reinstates Valley Fever suits against US" (Ian Wallach quoted in article) (click here for article)
  • Courthouse News Service, May 23, 2016, "U.S.A. Is Liable for Valley Fever in Prison" (Ian Wallach quoted in article) (click here for article)
  • San Francisco Chronicle, May 20, 2016, "Appeals court reinstates Valley Fever suits against US" (Ian Wallach quoted in article) (click here for article)
Friday, May 20, 2016.  9TH CIRCUIT REVERSES WRONGFUL DISMISSAL OF ACTIONS IN IAN WALLACH'S VALLEY FEVER CASE.

Mr. Wallach represents several present and former inmates in actions before the Eastern District of California alleging that they acquired valley fever as a result of their incarceration at the Taft facility.  The lower court dismissed the USA from the actions on the grounds of sovereign immunity.  Mr. Wallach appealed, and argued the matter before the 9th Cir. on February 8, 2016 (which can be seen here).  On May 23, in the consolidated cases of People v. Edison & People v. Nuwintore, the 9th Circuit Court of Appeals unanimously adopted all three arguments by the Plaintiffs and reinstated their causes of action.  The decision can be read here.
Monday, May 15, 2016.  "NOT GUILTY" on four counts, hang on remaining.  Alhrambra Courthouse.
The People alleged that the client, who was married to a government official, engaged in acts of domestic violence, child endangernment, and destruction of property.  Following a six day trial, the jury returned verdicts of "Not Guilty" on all counts but for one vandalism count -- where the jury was deadlocked

Wednesday, January 27, 2016

Gov. Brown To Seek November Ballot Initiative To Relax Mandatory Prison Sentences

Gov. Jerry Brown, who is responsible for the three-strikes system in California, and who has since referred to it as “an abysmal failure” (which it is), is finally seeking to undue it and to return discretion to the judges who are familiar with the facts and mitigating circumstances of each matter.  A LA Times article is here: 

Thursday, November 19, 2015

Former prosecutors seek federal probe of O.C. justice system over use of jailhouse informants

Here is link to a letter authored by Erwin Chemerinsky and signed by various defense organizations (including NACDL) and prosecutors calling for a federal investigation into alleged systemic misuse of informants and Brady violations in Orange County, California.



The content is exceptionally disturbing.  There is substantial evidence of collusion between prosecutors and police officers to both illegal obtain evidence and hide exculpatory evidence.  There is an allegation that a special computer has been kept to detail movement of paid jailhouse informants who were positioned to obtain incriminating evidence and either paid or given reductions if they succeeded (and that data shows that this practice has been occurring for 30 years).

Wednesday, November 11, 2015

Wisconsin: No Federal Charges for Ex-Officer in Man’s Death

There is still no justice for Dontre Hamilton.  It's been 18 months since Dontre Hamilton was murdered.  The officer was fired for the illegal patdown of Dontre, but the state chose not to charge the officer with the murder that followed, and now the feds have made the same decision.  So now we will bring our case in civil court and let the people bring the justice.

The New York Times article on the decision of the DOJ to do nothing is here:  http://www.nytimes.com/2015/11/11/us/wisconsin-no-federal-charges-for-ex-officer-in-mans-death.html?ref=todayspaper&_r=0

Ex-House Speaker Dennis Hastert Prosecuted For Being A VICTIM Of Extortion -- I'm No Fan Of Hastert, Or This Prosecution

I am no fan of Hastert, but he just got prosecuted for being a victim of extortion.

I appreciate when hypocrisy is exposed.  Hastert's public stances on morality are apparently in direct conflict with his behavior.  I believe in the Frank Rule of outing closeted politicians who use their power to hurt members of the LGBT community (and understand it’s dangerous to conflate Hastert's sexual orientation with the alleged crime of child molestation).  At first, I was quite pleased that a politician who had loudly condemned Clinton's misconduct was being outed for much worse misconduct. 

But Hastert was the victim of extortion.  He withdrew his own money to pay those extorting him.  He did so in small amounts so no one would know.  When asked why by FBI agents, he apparently didn’t reveal that he was being extorted (which is understandable).  So he gets charged for not being truthful to the FBI agents.  And for how he withdrew his own money -- under a statute enacted to stop drug dealers and money launderers, that was never intended to criminalize victims of extortion.

I can’t see the DOJ prosecuting anyone else for this.  If it went to trial, he could have won, but the reason he was being extorted -- alleged acts of child molestation -- would have dominated the public discourse, even though they aren’t relevant to the charged offense.  To avoid that public dialogue, over irrelevant facts, he had to plea.  That’s not justice.  That’s blackmail.


I am no fan of Hastert.  But I am no fan of this injustice either.