Criminal Defense News of the Week
by: Sduclos • November 20, 2012 • no comments
1st Circuit Rules States Cannot Harbor Inmates from Federal Death-Eligible Charges In 2011, Rhode Island Governor Lincoln Chafee became the first governor to refuse to surrender a state inmate, Jason Pleau, to federal custody. Under federal law, Pleau would be death-eligible for a fatal robbery whereas RI does not have the death penalty. Gov Chafee argues his decision was valid under the Interstate Agreement on Detainers Act. The 1st Circuit ruled 3-2 against RI over a strong dissent. AP Laura Crimaldi's report provides more details.
Wells Fargo Employee Loses Job After Company Pulls 40-Year-Old Shoplifting Convictions In 1972, Yolanda Quesada, 18 at the time, shoplifted...twice. 40 year later, Wells Fargo rescreened Quesada and other employees and terminated her based on what Wells Fargo calls, "federal law that generally prohibits us from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust." Read Jim Stingl's Opinion in Milwaukie Journal Sentinel.
8 Years of Solitary Confinement Ernesto Lira, originally convicted for PCS, was sent to solitary confinement for eight years based on unreliable evidence that he was a gang member. Lira was forced to spend 23 hours a day in a windowless 7.6 by 11.6-foot cell for eight years. Although he has been released, he now suffers from depression, avoids crowds, and covers his windows with blankets in order to sleep. California may end up changing its policy of mass segregation of gang members, but until then it's just one among many states that follow the same model. For more, see the NYT report.
GJ Finds No Wrongdoing for Tactical Officers Who Shot Portlander Washington County's tactical unit shot Adalberto Flores-Haro three times last March. Mr. Flores-Haro had stepped out of his house holding a handgun while the officers executed a search warrant down the street (and for some reason also happened to be trolling through Flores-Haro's backyard). The DA also said there was a possibility of charges against Flores-Haro. For more, read the Oregonian report.
