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Criminal Defense News of the Week

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by: Sduclos • November 20, 2012 • no comments

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'''Life In Prison Means Providing for Dementia and Other Age-Related Diseases'''
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===What Should NY Do About the Central Park Jogger Case?===
Mandatory sentencing policies winning elections since the 1970s are creating yet another foreseeable and preventable humanitarian and budget crisis: with an aging prison population combined with additional risk factors, prisons may soon face three-times the national average for people living with dementia. Perhaps needless to say, most prison systems are not equipped with the facilities, budgets, or foresight to handle the increased cost of providing care. To learn more, read the recent [http://www.nytimes.com/2012/03/26/opinion/dementia-behind-bars.html?_r=1&ref=todayspaper%20 NY Times Editorial, "Dementia Behind Bars." ]
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'''Over-prescribed Vets Not Guilty By Lack of Mental Responsibility'''
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"For nine years, New York City has fought a civil rights suit[http://www.nytimes.com/2003/12/09/nyregion/3-of-5-in-jogger-case-sue-city-charging-a-wide-conspiracy.html  ] by five men whose convictions in the 1989 rape of the woman known as the Central Park jogger were [http://www.nytimes.com/2002/12/20/nyregion/convictions-and-charges-voided-in-89-central-park-jogger-attack.html overturned]. Officials have even tried to subpoena information from Ken Burns, whose [http://www.cinemablend.com/new/Trailer-Ken-Burns-Documentary-Central-Park-Five-Arrives-33719.html documentary] about the case opens Friday. The district attorney said DNA evidence and a review of the investigation showed that the confessions of the defendants, who were teenagers at the time, were false and that another man was the lone attacker. Police say that they did nothing wrong and that they still believe the five men were involved in the attack.
The [http://www.latimes.com/news/nationworld/nation/la-na-army-medication-20120408,0,1291311.story LA Times reports] that 110,000 army soldiers took prescription drugs last year. Probably not surprisingly, this leads to crimes committed while popping what Air Force Pilot Patrick Burke described as "go pills." In a small but growing number of cases, lawyers are blaming the military's heavy use of psychotropic drugs for their clients' aberrant behavior and related health problems, and military tribunals, at least, are starting to respond favorably.
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'''If Anyone Should Be Concerned…'''
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Should the city acknowledge mistakes in the case and settle this lawsuit?"
Portland's gang violence task force is adding meetings in North and East Portland to allow more concerned citizens to attend. The meetings are scheduled for 6-8 p.m. on April 17 and May 15 at Jefferson High School in the Blazers hospitality committee room. Concerned? Read t[http://www.oregonlive.com/news-network/index.ssf/2012/04/portland_gang_task_force_sched.html he article from the Oregonian News Network] and consider attending.
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'''Facebook's Status Update on Subpoenas'''
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The New York Times posted several opinions from various commentators from former mayors to ministers and law professors.
The Boston Phoenix recently gained access to the Boston Police Department's case files on the "Craigslist Killer." Among other things, they came across BPD's subpoena of Philip Markoff's Facebook information. Of course, Facebook must get subpoenaed all the time, but how do they respond? What do information do they redact and what do they protect? See for yourself on the [http://blog.thephoenix.com/blogs/phlog/archive/2012/04/06/when-police-subpoena-your-facebook-information-heres-what-facebook-sends-cops.aspx Boston Phoenix blog], which reproduced the entire subpoena and response online.
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'''A Great Idea or a Misdemeanor Waiting to Happen?'''
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- Room for Debate, "[http://www.nytimes.com/roomfordebate/2012/11/19/justice-and-the-central-park-jogger-case/?ref=opinion Justice and the Central Park Jogger Case]," NYT, Nov. 19, 2012.''' '''
Most likely a great idea: ONCA student Sarah Cloutier is designing tiny, modular housing called Bootstrap Homes. These are trailers just big enough to fit one person lying down and provide shelter and storage for people without housing. Cloutier believes the trailers would be legal, slipping just between the cracks of a "trailer" and a "sit-lie ordinance," although she will be meeting with City Council to verify its validity. See photos and information on [http://www.oregonlive.com/portland/index.ssf/2012/04/pnca_student_creates_mobile_ho.html Oregon Live News].
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{{wl-publish: 2012-04-08 20:06:15 -0700 | sduclos }}
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===Lawsuit Filed Against PPB For Failing to Provide Sign Language Interpreters===
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"A deaf Portland man who reported he was the victim of a domestic assault said police and 9-1-1 operators failed to respond with a sign language interpreter, hampering the police inquiry and putting him at risk.
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Philip Wolfe, 39, is suing the city of Portland in federal court, alleging the city violated the Americans With Disabilities Act, which prohibits discrimination against people with disabilities in state and local government services.
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Wolfe's allegations highlight a gaping hole in Portland Police Bureau policy: Twenty-two years after the ADA was enacted, the bureau lacks any protocol on how to respond to people who are hearing impaired.
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Wolfe is seeking a court order requiring the city to adopt uniform policies for police and emergency dispatchers to ensure sign language interpreters are supplied when a deaf crime victim or witness makes a report, requests assistance or is interviewed by police.
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'During Plaintiff's contact with the police, he was overwhelmed, disoriented and hurt,' his attorney Daniel Snyder wrote in the suit. 'Plaintiff was unable to understand the police officers clearly.' "
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- Maxine Bernstein, "[http://www.oregonlive.com/portland/index.ssf/2012/11/portland_police_and_9-1-1_fail.html Lack of Portland Police, 9-1-1 Policies for Interpreters Discriminates Against People Who Are Deaf, Lawsuit Alleges]," The Oregonian, nov 16, 2012.
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==='''Portland Police Car Rolls Over Man Stopped for Jaywalking'''===
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"A police car accidentally rolled over a man stopped for jaywalking in downtown Portland Monday night, according to Portland Police.
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A police press release said that Jimmy Miles Duffey, 31, ran from officers when they tried to stop him for jaywalking near Southwest 12th Avenue at Columbia Street. They pursued Duffey and eventually caught him at Southwest Park Avenue at Main Street.
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While taking Duffey into custody, officers had him lie on the ground, police said. When more police arrived on the scene, an officer got out of a police car but left it in gear. The vehicle ran over Duffey where they lay on the ground, police said."
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- Courtney Sherwood, "[http://www.opb.org/news/article/police-car-rolls-over-man-stopped-for-jaywalking/ Police Car Rolls Over Man Stopped for Jaywalking]," OPB News, Nov. 20, 2012.
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===State Judicial Elections Increasingly Funded by Special Interest PACs===
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"This year's round of state judicial elections broke previous records for the amounts spent on judicial campaigns around the country. The dominant role played by special-interest money - including money from super PACs financed by undisclosed donors - has severely weakened the principle of fair and impartial courts. ***
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This year's experience should at least hasten state efforts to revise rules for judicial recusal to take campaign contributions into account. Mandatory disclosure of all donations to a judicial race is also essential. Litigants cannot know when they should request that a judge step aside if they cannot tell whether their case involves a party that supported the judge's campaign."
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- Editorial, "[http://www.nytimes.com/2012/11/19/opinion/judicial-elections-unhinged.html?ref=todayspaper&_r=0 Judical Elections, Unhinged]," NYT, Nov. 18, 2012''' '''
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{{wl-publish: 2012-11-20 12:45:12 -0800 | sduclos }}

Latest revision as of 19:12, December 21, 2012

Contents

What Should NY Do About the Central Park Jogger Case? [edit]

"For nine years, New York City has fought a civil rights suit[1] by five men whose convictions in the 1989 rape of the woman known as the Central Park jogger were overturned. Officials have even tried to subpoena information from Ken Burns, whose documentary about the case opens Friday. The district attorney said DNA evidence and a review of the investigation showed that the confessions of the defendants, who were teenagers at the time, were false and that another man was the lone attacker. Police say that they did nothing wrong and that they still believe the five men were involved in the attack.

Should the city acknowledge mistakes in the case and settle this lawsuit?"

The New York Times posted several opinions from various commentators from former mayors to ministers and law professors.

- Room for Debate, "Justice and the Central Park Jogger Case," NYT, Nov. 19, 2012.

Lawsuit Filed Against PPB For Failing to Provide Sign Language Interpreters [edit]

"A deaf Portland man who reported he was the victim of a domestic assault said police and 9-1-1 operators failed to respond with a sign language interpreter, hampering the police inquiry and putting him at risk.

Philip Wolfe, 39, is suing the city of Portland in federal court, alleging the city violated the Americans With Disabilities Act, which prohibits discrimination against people with disabilities in state and local government services.

Wolfe's allegations highlight a gaping hole in Portland Police Bureau policy: Twenty-two years after the ADA was enacted, the bureau lacks any protocol on how to respond to people who are hearing impaired.

Wolfe is seeking a court order requiring the city to adopt uniform policies for police and emergency dispatchers to ensure sign language interpreters are supplied when a deaf crime victim or witness makes a report, requests assistance or is interviewed by police.

'During Plaintiff's contact with the police, he was overwhelmed, disoriented and hurt,' his attorney Daniel Snyder wrote in the suit. 'Plaintiff was unable to understand the police officers clearly.' "

- Maxine Bernstein, "Lack of Portland Police, 9-1-1 Policies for Interpreters Discriminates Against People Who Are Deaf, Lawsuit Alleges," The Oregonian, nov 16, 2012.

Portland Police Car Rolls Over Man Stopped for Jaywalking [edit]

"A police car accidentally rolled over a man stopped for jaywalking in downtown Portland Monday night, according to Portland Police.

A police press release said that Jimmy Miles Duffey, 31, ran from officers when they tried to stop him for jaywalking near Southwest 12th Avenue at Columbia Street. They pursued Duffey and eventually caught him at Southwest Park Avenue at Main Street.

While taking Duffey into custody, officers had him lie on the ground, police said. When more police arrived on the scene, an officer got out of a police car but left it in gear. The vehicle ran over Duffey where they lay on the ground, police said."

- Courtney Sherwood, "Police Car Rolls Over Man Stopped for Jaywalking," OPB News, Nov. 20, 2012.

State Judicial Elections Increasingly Funded by Special Interest PACs [edit]

"This year's round of state judicial elections broke previous records for the amounts spent on judicial campaigns around the country. The dominant role played by special-interest money - including money from super PACs financed by undisclosed donors - has severely weakened the principle of fair and impartial courts. ***

This year's experience should at least hasten state efforts to revise rules for judicial recusal to take campaign contributions into account. Mandatory disclosure of all donations to a judicial race is also essential. Litigants cannot know when they should request that a judge step aside if they cannot tell whether their case involves a party that supported the judge's campaign."

- Editorial, "Judical Elections, Unhinged," NYT, Nov. 18, 2012