Favorite Quotes

"Once you walk into a courtroom, you've already lost. The best way to win is to avoid it at all costs, because the justice system is anything but" Sydney Carton, Attorney. "There is no one in the criminal justice system who believes that system works well. Or if they are, they are for courts that are an embarrassment to the ideals of justice. The law of real people doesn't work" Lawrence Lessig, Harvard Law Professor.



Monday, August 31, 2009

Police chief wants amnesty for police officers in San Francisco, will other states follow?

Discipline cases against dozens of San Francisco police officers would be dismissed under an amnesty program proposed by Chief George Gascón.
The new police chief told The Chronicle on Wednesday that he wants to see "the great majority" of roughly 75 discipline cases pending before the civilian Police Commission end with little or no punishment for officers accused of minor misconduct.
Those cases, he said, include charges such as use of inappropriate language, being discourteous, failing to properly fill out a police report or a first-time misdemeanor drunken-driving arrest. They would also most likely involve first-time offenders rather than officers with a long history of complaints against them.
Under the current system, there are two channels for investigating misconduct by an officer: the independent Office of Citizen Complaints, which usually handles on-duty violations of police conduct rules, and the Police Department's management control division, which usually handles off-duty misconduct. Both routes can end up with a case before the Police Commission.
The commission, a seven-member body appointed by the mayor and the Board of Supervisors, handles cases that can't be resolved with the chief's 10-day suspension power. The commissioners, who have other full-time jobs, hold hearings that can last several weeks.
Cases often languish for months or even years, meaning unfit officers continue to get paid when they should be fired and good officers are stuck on desk duty.
Under the current system, there are two channels for investigating misconduct by an officer: the independent Office of Citizen Complaints, which usually handles on-duty violations of police conduct rules, and the Police Department's management control division, which usually handles off-duty misconduct. Both routes can end up with a case before the Police Commission.


Link: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/27/BAAO19E4L3.DTL

Sunday, August 30, 2009

Atrazine in our water supply, what are the risks?

For decades, farmers, lawn care workers and professional green thumbs have relied on the popular weed killer atrazine to protect their crops, golf courses and manicured lawns. But atrazine often washes into water supplies and has become among the most common contaminants in American reservoirs and other sources of drinking water.
Now, new research suggests that atrazine may be dangerous at lower concentrations than previously thought. Recent studies suggest that, even at concentrations meeting current federal standards, the chemical may be associated with birth defects, low birth weights and menstrual problems. Laboratory experiments suggest that when animals are exposed to brief doses of atrazine before birth, they may become more vulnerable to cancer later. An investigation by The New York Times has found that in some towns, atrazine concentrations in drinking water have spiked, sometimes for longer than a month. But the reports produced by local water systems for residents often fail to reflect those higher concentrations. Atrazine is just one example of what critics say are regulatory weaknesses in the protections of America’s drinking water. Health and environmental advocates argue that the laws safeguarding drinking water and policing toxins are insufficient, and that the E.P.A. is often too slow in evaluating emerging risks, not cautious enough and too unwilling to warn the public when health concerns arise. In January, a Government Accountability Office report said that the E.P.A.’s system for assessing toxic chemicals was broken, and that the agency often failed to gather adequate information on whether chemicals posed health risks. Forty percent of the nation’s community water systems violated the Safe Drinking Water Act at least once last year, according to a Times analysis of E.P.A. data, and dozens of chemicals have been detected at unsafe levels in drinking water.


Links: http://www.nytimes.com/2009/08/23/us/23water.html?_r=2&scp=1&sq=atrazine&st=cse
http://www.nytimes.com/imagepages/2009/08/23/us/23water_graphic4_ready.html

Posting about an upcoming vacation or a new appliance purchase on your Facebook or Twitter accounts may alert thieves.

Facebook users excited about an upcoming holiday or a recently purchased high-tech gadget may not just be telling their friends but also potential burglars, warns an insurance company. A survey of 2,092 social media users by British-based Legal & General found nearly four in ten, or 38 percent, of people using social networking sites like Facebook or Twitter post details about holiday plans and 33 percent details of a weekend away. Coupled with the finding that an alarmingly high proportion of users are prepared to be 'friends' online with people they don't really know, this presents a serious risk to the security of people's home and contents," said the insurer. In a report called "The Digital Criminal," Legal & General said people used social media sites to connect with people who were essentially strangers, which could provide potential thieves with vital, personal information.

Link: http://abcnews.go.com/Technology/wireStory?id=8431546

Saturday, August 29, 2009

South Dakota Supreme Court ruling, limits police interrogation of interstate travelers.

The South Dakota Supreme Court on Wednesday limited the ability of police to search and interrogate innocent interstate travelers absent a reasonable and articulable suspicion of wrongdoing. The court considered the unique case of a vehicle search not made pursuant to a traffic stop, but while the owner was being detained before entering his vehicle. The ruling was based on a February 26, 2008 incident at an Interstate 90 rest stop near Spearfish. Sean Haar had parked his Subaru Outback at 3:20pm and went into the building to take a break. While inside, South Dakota Highway Patrolman Brian Swets pulled up on the scene, spotted the Illinois license plate on the Subaru, and parked in such a way as to block the vehicle from leaving.
Swets freely admitted that the Subaru had committed no traffic violations, there were no signs of intoxication and there was no odor coming from the car. Instead, he found the cargo carrier, lack of luggage and the Illinois license plate to be highly suspicious. "We fail to see... how a cargo box, the lack of visible luggage in a vehicle that had a cover designed to hide the luggage, and an out-of-state license plate on a vehicle in an interstate rest area provide any articulable basis upon which a reasonable person would have suspected that the Subaru was transporting illegal drugs," the court wrote. Because the search was the result of an unconstitutional detention, its results were suppressed. The full text of the decision is available in a 130k PDF file at the source link below.

Link: http://www.thenewspaper.com/news/28/2883.asp
http://www.thenewspaper.com/rlc/docs/2009/sd-sniff.pdf

Phishing scam targets Facebook members' accounts and their friends.

A phishing scam that seems to have hooked and hacked many Facebook members' accounts since early this year appears to have picked up in intensity over the last month. Hackers are logging into users' accounts, but it's actually not the hacked member who falls victim to the lucrative scam. It's their friends.
It was a bit of a surprise when my friend Blaire sent me a chat message on Facebook earlier this week to tell me she was in London when she had just come up to Manhattan two days earlier and mentioned nothing of the upcoming trip. It was even more surprising when she told me she was mugged and robbed at gunpoint a night earlier, and needed me to send her nearly a thousand bucks so she could get back to the U.S. "The hacking mechanisms have not really changed, but the fact that we are on these social networking sites - that's all about being with your friends online, sharing information - makes us more vulnerable to social hacking," said CNet's Dan Ackerman. Ackerman said scammers break into social networking accounts the same way they hack into e-mail. "They hack into a third party Web site that maybe you're a member of, something where the security is not that great and if they get a list of the members, chances are your user name and password is probably the same on Facebook or Twitter or any of these social networking sites," he said. To protect yourself, security experts say always use different user names and passwords for every site you log on to. Additionally, Facebook tells users never click on strange links, even if they've been sent by friends. "You have to remember you're still on a computer network, you're not face to face with the person," said Ackerman. Something else to be on the lookout for: if you're logged onto a social network site, and you click on a link that takes you to a page that appears to ask you to login again to whatever site you're using. That may be a fake link in which the information really gets sent to the hacker when you enter it. You should always check the URL atop your browser if you're not sure. Often times hackers will create similar links that might have one minor difference in them, something like www.ifacebook.com or www.facebo0k.com.


Link: http://wcbstv.com/local/facebook.london.phishing.2.1148617.html

Fake stimulus check in Florida lures suspects to an auditorium.

They flocked by the dozens to the War Memorial Auditorium, lured by promises of fat stimulus checks. What they got was something else entirely.
In total, more than 100 qualified recipients scheduled appointments last week to see officials with the South Florida Stimulus Coalition in the hopes of a quick buck from a company with the slogan, "Helping jump start our economy."
But instead, they found Fort Lauderdale police officers. And instead of a stimulus check, they were handcuffed and led off to jail.
Police announced the results Thursday of the two-day sting targeting Fort Lauderdale residents with outstanding warrants: 76 arrests of fugitives wanted for offenses ranging from grand theft to fraud to attempted murder.
"We're always looking for creative ways to conduct operations and reduce crime," said police spokesman Sgt. Frank Sousa from inside the War Memorial Auditorium, where South Florida Stimulus Coalition banners hung next to company business cards.


Link: http://www.miamiherald.com/1460/story/1205710.html?storylink=mirelated

Thursday, August 27, 2009

Judges across the country are adding their profiles to LinkedIn.

"Your Honor, I'd like to add you to my professional network on LinkedIn."
Connect with a judge on LinkedIn? I have not done it. But an increasing number of judges are creating public profiles on the professional networking site. Among them are federal circuit, district and bankruptcy judges and state appellate and trial judges.
For example, I found five U.S. Circuit Court judges with public LinkedIn profiles: Richard Clifton of the 9th Circuit, Deborah Cook of the 6th Circuit, Jennifer Elrod of the 5th Circuit, John M. Ferren of the D.C. Circuit and Edith Jones of the 5th Circuit. (There are others who keep their profiles private, such as this judge of the D.C. Circuit and this judge of the Federal Circuit.) These judges' networks of connections are small by LinkedIn standards -- Judge Elrod has the largest network with 27 connections followed by Judge Jones with nine. The others have only three or four.
There are also a number of state trial judges from all across the country with profiles on LinkedIn. I need not list all I found here. But you may be interested to know the answer to this question: Who among the judges on LinkedIn is the most connected? I can't claim my research was exhaustive, but of the judges I found with public profiles on LinkedIn, the five with the largest numbers of connections were:

Link: http://legalblogwatch.typepad.com/legal_blog_watch/2009/08/our-linked-in-judiciary.html

Tuesday, August 25, 2009

DNA evidence and a mysterious chain of custody in New Jersey.

More than two decades have gone by since Essex County law enforcement officials gathered, and later misplaced, DNA that might exonerate Stephen Brooks in a rape he insists he did not commit. A Superior Court judge is to hear arguments today on Brooks' bid to compel prosecutors to look long and hard for the lost evidence.
We think the court should rule in his favor.
Brooks has served 22 years of a 50-year sentence for assaulting an East Orange woman who was muffled, robbed and raped in her apartment in 1985. He was picked up nearby and identified by the victim as the attacker. Although a bed sheet and other physical evidence was recovered from the scene, DNA testing was not available at the time. Brooks began seeking DNA testing when it first became available in 1988, and appealed his conviction. But prosecutors said no DNA existed. That wasn't true. Evidence from the crime scene, in fact, turned up years later at the State Police crime lab. That evidence has since vanished. The Innocence Project, which represents those who claim to have been wrongly convicted, is now trying to piece together what happened. But the hunt for the evidence has been hampered by a series of mishaps, some which make it nearly impossible to figure out where exactly it might be. The Essex County prosecutor's office says it put the items in an evidence room before the case went to trial in 1987, but never introduced them at trial. An investigator from that office went to the evidence room and removed the items after trial, but says he can't remember what he did with them.
Bob Laurino, Chief Assistant Prosecutor for Essex County, thinks the evidence, most likely, no longer exists. For a time it was thought it might have been locked away in an old office vault to which no one had the combination. But Laurino says officials were finally able to get into the vault this week, and found no evidence relevant to Brooks' case.

Link: http://blog.nj.com/njv_editorial_page/2009/08/broken_chain_of_evidence.html

Will changes occur in the forensic science community?

The world of forensic science has been in turmoil for the last six months since a prestigious panel released a study raising serious questions about many forensic techniques from hair analysis to fingerprints. Those techniques have collectively resulted in thousands of people landing in prison — and now groups within the forensic science community are fighting over what the next steps should be.
Physicist Thomas Bohan says scientists knew for years that many forensic techniques "lacked scientific evaluation," but there was no political will to do anything about it. Now the report by the National Academy of Sciences offers "an opening, an opportunity," Bohan says.
"It will be a terrible shame if change doesn't take place," says Bohan, who is president of the American Academy of Forensic Sciences.But every time there is a push for change, there are political battles about what kind of change is best. The debate over forensic science is no different. Crime lab directors want bigger budgets and more staff. Scientists want to start with research into which forensic techniques are valid. Some key recommendations from the people who wrote the report don't have much support from anyone. For example, the report recommends creating an independent organization to oversee forensic techniques. "There is no entity like this right now," says Constantine Gatsonis, who co-chaired the committee that wrote the forensic sciences report. "And hence what you've seen is every entity pulling in it's own way. My personal opinion is that real progress is going to be very difficult without such an entity." But that proposal now looks all but dead.
Scott Burns, executive director of the National District Attorneys Association, says his members "don't agree with setting up a national institute of forensic science, another bureaucracy." There are some steps everyone appears to agree on, according to Burns, such as accreditation of all public and private labs, certification of forensic analysts and scientists and universal standards for certain forensic techniques. Everyone also seems to agree that some areas will need further research.
For example, Bohan of the American Academy of Forensic Sciences points to shaken baby syndrome. Parents and caregivers have been convicted of murder on the theory that a certain type of internal bleeding is almost always caused by shaking a baby.


Link: http://www.npr.org/templates/story/story.php?storyId=112111657

Cold medicines being used in meth labs across the country.

One spring afternoon last year, three friends piled into a maroon Nissan Sentra and cruised through the gritty neighborhoods around LAX, up to Mid-City, along the tony streets of West LA and finally ending near the beaches of Santa Monica that evening. Along their route the trio, Daniel Hernandez, Kenia Munguia and her boyfriend Edwin Alas, visited twelve different CVS locations, a national drugstore chain, purchasing boxes of cold medicine at each store.
Unbeknownst to them, a team of detectives from a multiagency task force were tracking their every move, pulling empty pill boxes and receipts from trashcans and checking store logs to build a case against the three for pseudoephedrine “smurfing,” a practice that provides the main supply for production of the highly potent synthetic and addictive drug methamphetamine.
Pseudoephedrine, a chemical decongestant used in general cold medicines such as Claritin, Sudafed and Aleve, is only one molecule away from that of methamphetamine, making it the ideal ingredient for meth lab production. Though smurfing is prevalent nationwide, Special Agent Gary Boggs of the DEA, the federal drug enforcement agency, says the State’s situation is grave: “California is one of the epicenters of this type of activity.” According to Boggs, smurfed pseudoepedrine is now the main supply source for clandestine meth labs across the country,which are also on the rise: there were 5,859 lab incidents in 2008, up from 5,488 in 2007. The DEA maintains that a crackdown on smurfing is the most effective way to roll back meth production. “Smurfing” is a direct and remarkably effective response to the federal restrictions that Congress set during a mushrooming meth problem in the first half of the decade. Individuals were only allowed to purchase 3.6 grams of pseudoephedrine per day, or 9 grams every 30 days. Criminal organizations used recruiters to gather ordinary people (often unemployed, homeless or undocumented) and drive them to multiple pharmacy locations to purchase the maximum legal amount. The term, which refers to the blue-skinned dwarves of a popular children’s cartoon, was initially used by law enforcement in money laundering cases where several people deposited or transferred ill-gotten cash to a “clean” account.


Link: http://thecrimereport.org/2009/08/17/cold-medicines-become-a-hot-commodity/

Are Tasers responsible for setting people on fire?

It didn't take Lancaster police long to discover a potential danger with their newly issued stun guns: They can set their targets on fire.

One day after officers received Tasers this week, two of them were patting out the flames on Daniel Wood, a 31-year-old homeless man who reportedly had been inhaling a chemical from a spray can to get high. Wood was not seriously injured but was taken to a hospital as a precaution, said Lancaster Police Chief David Bailey.
"Clearly, this is not the way we'd hoped to get started," Bailey said. "But I'm glad "the suspect is OK, and this gives us an opportunity to review how we will do things from this point. CNN reported last month that a man in Australia who had been huffing a chemical poured gasoline on himself as he charged police. An officer used a stun gun, and that man burst into flames and was seriously injured.
And a man died in Texas in 2007 after police hit him with pepper spray and then jolted him with a stun gun, according to published reports.
Authorities in both cases said the men were carrying lighters in their hands, so the source of ignition couldn't be determined for certain.

Link:
http://www.dispatch.com/live/content/local_news/stories/2009/08/19/STUNGUN.ART_ART_08-19-09_A1_DQEQD2T.html?sid=101

Friday, August 21, 2009

Investigative & Security Professionals for Legislative Action.

Investigative & Security Professionals for Legislative Action was formed based on the industry need for proactive legislative action. ISPLA will help guide federal and state legislation to benefit our industry. Our electronic legislative tracking system will keep YOU in the know and allow ISPLA members to track both state and federal legislation. This tracking system will be available June 15, 2009.
A new voice for the investigative and security professions has been launched.
A group of industry leaders, experienced in handling legislative and regulatory affairs for a number of respected professional organizations, have formed Investigative & Security Professionals for Legislative Action (ISPLA) to fulfill a need at the federal level that has not been addressed until now by any national association. This political action committee (PAC) creates a mechanism for individuals and professional associations to participate in lobbying and financially supporting qualified political candidates for office.
ISPLA will be asking Congress to review existing law and take a cautious approach to restricting access and other measures that may have a significant impact on the judicial system, law enforcement, and corporate America. We support the State licensing processes and encourage the enforcement of existing laws, regulations, standards, and restrictions governing access to and distribution of personal identifying information. You are invited to play an integral role in ensuring that this profession is properly represented in Washington as we create a formidable political action committee to represent your interests. Join with other professional association leaders who are committed to coming on board to ensure that our professions’ interests are protected from ill-conceived legislation and burdensome regulations. Our annual dues are just $99.

Link: http://ispla.org/Default.aspx?pageId=396123

Thursday, August 20, 2009

DNA evidence can be fabricated.

Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases. The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.
“You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”
Dr. Frumkin is a founder of Nucleix, a company based in Tel Aviv that has developed a test to distinguish real DNA samples from fake ones that it hopes to sell to forensics laboratories.
Using some of the same techniques, it may be possible to scavenge anyone’s DNA from a discarded drinking cup or cigarette butt and turn it into a saliva sample that could be submitted to a genetic testing company that measures ancestry or the risk of getting various diseases. Celebrities might have to fear “genetic paparazzi,” said Gail H. Javitt of the Genetics and Public Policy Center at Johns Hopkins University.
Tania Simoncelli, science adviser to the American Civil Liberties Union, said the findings were worrisome.
“DNA is a lot easier to plant at a crime scene than fingerprints,” she said. “We’re creating a criminal justice system that is increasingly relying on this technology.”



Links:
http://www.nytimes.com/2009/08/18/science/18dna.html?_r=1
http://www.fsigenetics.com/article/S1872-4973(09)00099-4/abstract

Forensic Science Reform Website.

The Just Science Coalition is bringing us all together – a diverse range of voices dedicated to building consensus and supporting prompt federal action around a set of common principles and legislative objectives.

Our mission is to advocate for the governmental framework and resources necessary to ensure that forensic sciences in the United States are valid and reliable, and that their use in the criminal justice system promotes accurate justice: the protection of the innocent and the identification of the guilty. The coalition depends on the involvement, expertise and input of a broad range of contributors and members. Because the reach and impact of the NAS recommendations and the creation of a national forensic science oversight entity extend far beyond the work of forensic science practitioners and law enforcement, we believe that diversity in perspective is critical to determining how such an entity should be established and structured and what role it should play in both science and criminal justice. The release of the NAS findings is only the first step in this process, but we believe that by working together we can make tremendous strides toward ensuring reliability, validity and accuracy in forensics.


Unvalidated or improper forensic science is a leading cause of wrongful conviction in the United States.
Many techniques still in use today -- such as hair microscopy, bite mark comparisons, firearm testing or tool mark analysis – have never been subjected to rigorous scientific evaluation. Other methods – such as serology (commonly known as blood typing) – have been properly validated but are sometimes improperly conducted or inaccurately conveyed in trial testimony. In some cases, forensic analysts have fabricated results or engaged in other misconduct.
In approximately 50% of DNA exonerations, unvalidated or improper forensic science contributed to the wrongful conviction. But, while DNA exonerations are a window into the effect of unvalidated or improper forensic science contributing to wrongful convictions, DNA does not solve the problem. Experts estimate that only 5-10% of all criminal cases involve biological evidence that could be subjected to DNA testing. In the other 90-95% of crimes, DNA testing is not an option – so the criminal justice system relies on other kinds of evidence, including forensic disciplines that may not be scientifically sound or properly conducted.
As outlined in the National Academy of Sciences report, Strengthening Forensic Science in the United States: A Path Forward, many forensic disciplines have evolved primarily through their use in individual cases and have not been scientifically validated or standardized.
As a result, forensic analysts sometimes testify in cases without a proper scientific basis for their findings. Testimony about more dubious forensic disciplines, such as efforts to match a defendant’s teeth to marks on a victim or attempts to compare a defendant’s voice to a voicemail recording, are cloaked in science but lack even the most basic scientific standards. Even within forensic disciplines that are more firmly grounded in science, evidence is often made to sound more precise than it should. For example, analysts will testify that hairs from a crime scene “match” or “are consistent with” defendants’ hair – but because scientific research on validity and reliability of hair analysis is lacking, they have no way of knowing how rare these similarities are, so there is no way to know how meaningful this evidence is.


Links:
http://www.just-science.org/
http://www.just-science.org/news.html

Wednesday, August 19, 2009

The Marriott Hotel in Stamford, CT; drops the claim that a rape victim was partially to blame for having been raped.

The Marriott hotel chain on Monday abandoned its legal claim that a Connecticut woman raped at gunpoint in a hotel parking garage, in front of her young children, had been careless and was partly at fault.
The withdrawal followed days of backlash against Bethesda, Md.-based Marriott International Inc., which had claimed in its defense of a lawsuit by the woman that she had "failed to exercise due care for her own safety and the safety of her children and proper use of her senses and facilities."
Her attacker is serving a 20-year prison term for the 2006 attack at the Stamford hotel. Critics said the blame-the-victim defense wasn't softened by the apology.
"I thought it was despicable, disgusting and all too common," said Jessica Mindlin, a national director for the Victim Rights Law Center in Boston. "It's like a second rape." The defense claim was made before attorneys finished taking the victim's deposition, Derrico said, "so as not to waive a potential defense." He said that Marriott officials asked his law firm to withdraw the claim in July, but that his associate had not done so because his mother died.



Link:http://abcnews.go.com/Business/wireStory?id=8348288

Tuesday, August 18, 2009

A recent study suggests 90% of all U.S. currency have traces of drugs on them.

Scientists say the amount of cocaine found on bills is not enough to cause health risks.
Money can be contaminated with cocaine during drug deals or if a user snorts with a bill. But not all bills are involved in drug use; they can get contaminated inside currency-counting machines at the bank. "When the machine gets contaminated, it transfers the cocaine to the other bank notes," Zuo said. These bills have fewer remnants of cocaine. Some of the dollars in his experiment had .006 micrograms, which is several thousands of times smaller than a single grain of sand. Zuo, who spoke about his research at the national meeting of the American Chemical Society on Sunday, found that $5, $10, $20 and $50 bills were more likely to be positive for cocaine than $1 bills. "Probably $1 is a little too less to purchase cocaine," Zuo said "I don't know exactly [why]. It's an educated guess." For years, health agencies have advised people to wash their hands after touching cash for sanitary reasons. Disease-causing organisms such as staphylococcus aureus and pneumonia-causing bacteria have been detected in paper bills. According to a 2002 study published in the Southern Medical Journal, 94 percent of the tested bills had potentially disease-causing organisms.

Bills turned up positive for cocaine in these percentages in certain cities:

100 percent: Detroit, Michigan; Boston, Massachusetts; Orlando, Florida; Miami, Florida; Los Angeles, California.

88 percent: Toronto, Canada.

77 percent: Salt Lake City, Utah.

75 percent: Brasilia, Brazil.

20 percent: Tokyo, Japan; Beijing, China.


Link: http://www.cnn.com/2009/HEALTH/08/14/cocaine.traces.money/index.html?HI_BILLY_MAYS_HERE

Beware of the latest scam on Craigslist, if you're hunting for a house or apartment.

Karen Dolan couldn't believe her eyes: two-bedroom apartments in prime Bergen County locations for $1,200 or less.
The prices were bogus, part of the latest scam hitting North Jersey and other parts of the country, an attempt to get would-be renters to pay a modest security deposit and to get them to disclose personal information that could be used to steal their money.
It's a scam that combines hopes built around a depressed real estate market, religious charity and the growing popularity of Craigslist as the go-to source for some apartment hunters.
Throw in a touch of the Nigerian money-laundering letters and you have an idea of what Dolan faced when she turned to Craigslist in her search for an apartment in North Jersey without paying a realtor's fee. Each time she heard back from "gentlemen who contacted me with similar stories about going to Africa as part of the church and therefore were renting out their houses for a lower cost." Like many scams, this one had lots of details that added to the credibility. One included a link to a legitimate Georgia-based African ministry for which the supposed owner worked, and each told how he was willing to take less in rent if he could find a person who would take good care of the property.


Link: http://www.northjersey.com/news/business/business_news/Home_hunters_fall_prey_to_scam_finding_prices_too_good_to_be_true.html

Monday, August 17, 2009

Law firm's being targeted with international fraud schemes.

Earlier this year, one of Nashville's largest law firms fell victim to an international fraud scheme and wired more than $400,000 to criminals in Thailand.
The firm, Bradley Arant Boult Cummings, said in June that it recovered the funds after quick reaction from the FBI, but the case highlights a growing problem of Internet and wire fraud here and nationally.
Threats range from elaborate schemes to pass off bad checks to high-tech trickery to swipe consumers' debit card data and go on shopping sprees. Others use malicious software secretly downloaded onto personal computers to dip into victims' bank accounts. According to the Tennessee Bureau of Investigation, wire fraud increased 10 percent last year from 2007 levels, while credit card and ATM fraud rose 20 percent statewide.
The Tennessee Bar Association warns that similar scammers have been going after other law firms, posing as a potential client that wants to collect on a debt from a legitimate U.S. company. The law firm collects the debt from the supposed debtor, deposits a bad check, subtracts its own attorneys' fees and then wires the remaining money back to the client. Once the money is wired to the criminals, the law firm is liable for the bad check.
"You'd be surprised how many people fall for stuff like that,'' said Webb, calling it a "Nigerian" scam, after a nation that has become well known as a source of complex get-rich-quick schemes.

Link: http://www.tennessean.com/article/20090814/BUSINESS01/908140336/Scams+are+up++and+even+trickier+with+technology

Kenosha, Wisconsin: An official wants to fine the public if they swear at a police officer or a firefighter!

KENOSHA, Wis., Aug. 13 (UPI) -- An official in a Wisconsin city says he is pushing for an ordinance that would impose $118 fines on people who swear at police officers and firefighters.
Kenosha Alderman Patrick Juliana said that while the city already has an ordinance banning profane, vile, filthy or obscene language within the city limits, complaints must be filed by a third party and his proposed new rule would allow police and firefighters to write citations for language directed at them, WITI-TV, Milwaukee, reported Thursday

Link: http://www.upi.com/Odd_News/2009/08/13/Official-wants-fines-for-swearing-at-cops/UPI-54681250196051/

Hollywood, Florida: Fellow police officers cover up an accident of an officer.

The Hollywood police officer involved in a rear-end crash that allegedly was covered up by fellow officers is no stranger to road accidents. His personnel file, obtained by the Sun Sentinel, shows he was involved in eight other crashes while driving his patrol car.
Joel Francisco, 36, an 11-year veteran of the force, was ordered to attend Driving Training School three times. Early in his career, he was suspended for being in three crashes within a year's time that were deemed preventable, the file says.
According to other Hollywood police documents, a sergeant who is accused of helping doctor the report on Francisco's latest accident was cited this May for misinforming superiors about a crash.
Francisco, Sgt. Andrew Diaz, Officer Dewey Pressley, a community service aide and a crime-scene technician have been suspended at home with pay after a video surfaced last week showing Hollywood officers talking about doctoring their report to shift blame for the Feb. 17 crash from Francisco to the woman he rear-ended.

Link: http://www.miamiherald.com/news/broward/story/1173492.html

Syracuse, NY: A woman is tasered by an officer who initially claimed she was on her cell phone. The incident is caught on video.

In January, an Onondaga County sheriff's deputy pulled over Audra Harmon, who had two of her kids with her in her minivan. A routine traffic stop escalated quickly.
The deputy, Sean Andrews, accused her of talking on her cell phone. She said she could prove him wrong. He said she was speeding. She denied it and got out of the van. He told her to get back in. She did, then he ordered her back out. He yanked her out by the arm, knocked her down with two Taser shots and charged her with disorderly conduct and resisting arrest. His rationale on the disorderly conduct charge: She obstructed traffic when she got out of the van. The speeding accusation: going 50 mph in a 45-mph zone.The scene along Hopkins Road in Salina on the afternoon of Jan. 31 was captured by a camera on the dashboard of Andrews' patrol car. Harmon, 38, says the video is proof of police brutality. She plans to sue the sheriff's office today, claiming Andrews was improperly trained in the use of his Taser. It's not supposed to be used to take down people who pose no threat, she said.


Link: http://www.syracuse.com/news/index.ssf/2009/08/mom_in_minivan_tasered_in_traf.html

In Wyoming two officers taser a 76 year old man driving an antique tractor in a parade!

GLENROCK, Wyo. - Glenrock Police Chief Tom Sweet says two officers "probably didn't do things the best way" when they used a Taser on a 76-year-old man driving an antique tractor in a parade.
Sweet spoke at a packed town hall meeting Monday, nine days after Bud Grose was hit with a Taser during the town's annual Deer Creek Days.
The officers are on paid leave while state Division of Criminal Investigation agents investigate.
Mayor Steve Cielinski and most of the Town Council apologized to residents and asked for patience. Cielinski promised the findings will be made public.
"If we have to stand up and take it on the chin, we will," Cielinski said.


Link: http://billingsgazette.com/news/state-and-regional/wyoming/article_98d65fba-869c-11de-9576-001cc4c03286.html

Did a Judge deflate a fellow worker's tires in a courthouse parking lot?

Wednesday, August 12, 2009
A Charles County judge is under investigation for allegedly letting the air out of the tire of a car belonging to a woman who works as a part-time cleaning worker at the courthouse, according to the car owner and sources familiar with the incident. Two county sheriff's jail officers said they saw Circuit Court Judge Robert C. Nalley letting the air out of the back right tire of a 2004 Toyota Corolla parked just outside the La Plata courthouse about 3:45 p.m. Monday, according to the two sources.
One of the officers used his cellphone camera to photograph or videotape the judge, said the sources, who asked not to be identified because the probe is ongoing. Jean Washington, the owner of the Toyota, said in an interview that she had just entered the courthouse for her work shift when a sheriff's deputy alerted her, "Jean, you need to move your car. Judge Nalley's going to let the air out of it." Washington, a Waldorf resident, said she has exchanged greetings with Nalley in and around the courthouse but does not know him. She said she and Nalley have never had a conversation.


Link:http://www.washingtonpost.com/wp-dyn/content/article/2009/08/11/AR2009081103260.html?hpid=topnews

The Marriott hotel in Stamford Connecticut, claims a woman was negligent for her own rape!

A downtown hotel being sued by a woman raped at gunpoint in its parking garage is claiming she was careless, negligent and "failed to exercise due care for her own safety and the safety of her children and proper use of her senses and facilities," according to court documents.
The victim's attorneys also argue the hotel has inadvertently identified her to acquaintances by asking them to testify.
The Stamford Marriott Hotel & Spa, along with the firms in charge of managing the hotel and its parking garage, made the claim as part of a list of special defenses filed in state Superior Court in Stamford last month. Such defenses allow defendants in civil suits to argue they are not responsible for damages even if the plaintiff's story is true.
The woman filed the lawsuit in May 2008, six months after Danbury native Gary Fricker, 56, was sentenced to 20 years in prison after a plea deal in the case.
On Oct. 10, 2006, Fricker stuck a handgun in the back of the then 40-year-old woman and forced her and her children, then 3 and 5, into their minivan as they left the hotel, according to court documents.


Link:http://www.connpost.com/ci_13048604

ASIS releases a report analysis on organized retail crime

Connecting Research in Security to Practice (CRISP) reports provide insights into how different types of security issues can be tackled effectively. Drawing on research and evidence from around the world, each report summarizes the prevailing knowledge about a specific aspect of security, and then recommends proven approaches to counter the threat. Connecting scientific research with existing security actions helps form good practices. Reports are written to appeal to security practitioners in different types of organizations and at different levels. Readers will inevitably adapt what is presented to meet their own requirements. They will also consider how they can integrate the recommended actions with existing or planned programs in their organizations.This CRISP report invites retailers to take a critical look at their handling of Organized Retail Crime (ORC). Chris Richardson and Walter Palmer combine their extensive experience of advising retailers on how to manage security risks with a very helpful summary of previous research, to stimulate thinking on how best to respond to ORC. Their starting point is that retailers and any others involved need to be clear about the type of ORC problem they are facing and its drivers, as well as the types of measures that are already in place that can be marshalled as part of an overall approach to making a response effective. They unpick the merits and limits of different types of security and offer a number of frameworks to guide practitioners. In so doing it is likely that this paper will become one of the essential reference points for those who need to tackle the ORC threat.

Link:http://www.asisonline.org/foundation/organized_retail_crime.pdf

Monday, August 10, 2009

Are police in the U.S. using a disorderly conduct charge as an excuse, to arrest anyone they deem a threat?

In an article in the Washington Post, Pepin Tuma wrote:
Last month, I was arrested for criticizing the police and threatened for being gay. It happened not in China or Iran but right here in Northwest Washington.
The ensuing media attention has been disorienting and unsettling. Friends have counseled me to stay silent, fearing I will face retaliation. But my conscience requires me to speak out. Most victims of unconstitutional arrests are not lawyers (as I am) or respected Harvard professors (as Henry Louis Gates is). Their arrests don't attract our attention. They should.
The facts of my experience are shocking enough. I was walking with two friends, and we were -- ironically -- discussing the Gates arrest. We noted how so-called "disorderly conduct" arrests operate as a troubling pretext to arrest anyone police officers feel like arresting.
My behavior was juvenile, but nothing I did was illegal. I never cursed; no crowd of bystanders formed; I was not drunk. Because I am innocent, and importantly -- because I understand the legal system and can defend myself -- I am confident my name will be cleared and the charges dismissed.
But that's not really the point. The police, with the awesome power of the state behind them, have a duty not to overreact to people like me who act imprudently, even rudely, but are not breaking any law. Yet, that overreaction seems to occur in the District far too often.
I appreciate both Police Chief Cathy L. Lanier's quick decision to have the incident investigated and the work of the vast majority of city police officers who are committed to "protect and serve." But difficult questions persist: What if I weren't a white, gay, prosperous attorney? Would the media care about this? How many unjustified arrests go unwitnessed and unreported every week?
We needed to have this conversation about police culture long before Gates's arrest. We must agree to stop the routine, arbitrary misuse of police discretion and the invidious tendency among some officers to protect their own. From this conversation must come real legal and cultural change. With these issues at the heart of our constitutional freedom, it is a problem we cannot afford to ignore.


Link:http://www.washingtonpost.com/wp-dyn/content/article/2009/08/07/AR2009080702999.html

Saturday, August 8, 2009

The Smoking Gun claims to have identified the "telephone terrorist"!

SmokingGun Website: http://www.thesmokinggun.com/
AUGUST 4--At 4:15 AM on a recent Tuesday, on a quiet, darkened street in Windsor, Ontario, a man was wrapping up another long day tormenting and terrorizing strangers on the telephone. Working from a sparsely furnished two-bedroom apartment in a ramshackle building a block from the Detroit River, the man, nicknamed "Dex", heads a network of so-called pranksters who have spent more than a year engaged in an orgy of criminal activity--vandalism, threats, harassment, impersonation, hacking, and other assorted felonies and misdemeanors--targeting U.S. businesses and residents.
Coalescing in an online chat room, members of the group, known as Pranknet, use the telephone to carry out cruel and outrageous hoaxes, which they broadcast live around-the-clock on the Internet. Masquerading as hotel employees, emergency service workers, and representatives of fire alarm companies, "Dex" and his cohorts have successfully prodded unwitting victims to destroy hotel rooms and lobbies, set off sprinkler systems, activate fire alarms, and damage assorted fast food restaurants. A seven-week investigation by The Smoking Gun has begun to unravel "Dex"'s organization and chronicle the sprawl of its criminality. The TSG probe has also stripped Pranknet's leader and some of his cohorts of their anonymity, which will likely come as welcome news to the numerous law enforcement agencies, including the FBI, probing the group's activities.
On July 21, a pair of TSG reporters approached "Dex"'s building at 1637 Assumption Street in Windsor, where he lives in the ground-floor 'B' apartment. Calling to his mother, who was standing near an open living room window, a reporter asked her to summon her son. The woman disappeared into "Dex"'s adjoining bedroom, where the pair could be heard whispering. Despite repeated requests to come out and speak with TSG, "Dex" hid with his mother in his bedroom, the windows of which were covered with plastic shopping bags, a towel, and one black trash bag.

Link: http://www.thesmokinggun.com/archive/years/2009/0803091pranknet1.html

Private investigator aids in exonerating Derris Lewis

Cleared of his brother's murder, a tired Derris Lewis said yesterday that he spent his first hours of freedom programming a new iPhone and catching up on the family ironing. But he couldn't sleep. "When 5 o'clock hit, I said I might as well just stay up," Lewis told reporters yesterday. "I always knew this day would come. I was prepared for it. I was innocent from Day One."
But he took a hard edge when it came to finding the killer of his twin brother, Dennis, who was killed just shy of their 18th birthday in January 2008. His brother died defending their mother from five robbers wearing masks. One beat and shot him to death in an upstairs bedroom, which left Dennis' blood smeared on a wall.
Until this week, prosecutors were convinced that Dennis Lewis died of fratricide, but they dismissed all charges when a scientific test showed no blood in a palm print that Derris Lewis also left behind in the bedroom. The print, they said, could have been left at any time while Derris lived in the home on Loretta Avenue.
Teresa Edwards, a private investigator hired by the defense, theorized that Dennis Lewis was killed by members of one of the gangs roving the North Linden area at the time. She found more than 100 reports of home-invasions and armed robberies within 20 blocks of the Lewis home.
The defense team has given police the names of four people they think are suspects.
"We've collected evidence from people the police have never spoken to," Edwards said.


Link: http://www.dispatch.com/live/content/local_news/stories/2009/08/07/lewis_case.ART_ART_08-07-09_A1_7OEN0DJ.html

Wednesday, August 5, 2009

Study in W.Virginia suggests racial profiling. If every state conducted a study what would the results be?

Black motorists may be as much as three times more likely to be stopped and searched than a white motorist while driving through the state of West Virginia, even though they are less likely to be carrying contraband. This is so according to a report by the state Division of Criminal Justice Services. The agency performed a statistical analysis of 301,479 traffic stops that took place between April 2007 and September 2008. Among all 348 state, county and local law enforcement agencies, blacks were 64 percent more likely than whites to be stopped. Hispanics were 48 percent more likely to be stopped.Once pulled over, a black and Hispanic drivers were 146 percent more likely to be searched -- even though they were less likely to be carrying contraband than whites, according to the study. Indians and Asians were more likely than whites to be carrying prohibited items when searched.In certain parts of the state, minorities are treated differently. In Calhoun and Wirt counties, for example, blacks and Hispanics were six times more likely to be searched. The Parkersburg and Martinsburg police departments were twice as likely to stop minorities. However, even in cities like Charleston where police treated white and non-white motorists equally, certain patrol areas such as North Charleston and South Ruffner to Route 119 targeted non-whites.



Links: http://www.thenewspaper.com/news/28/2855.asp
http://www.thenewspaper.com/rlc/docs/2009/wv-trafficstop.pdf

Tuesday, August 4, 2009

A new semantics based search engine

Special thanks to Marc Solomon for sending me this link.
Marc Solomon is a SharePoint Architect and Knowledge Planner.

Yebol's mission is to build human-like world's knowledge base and provide knowledge based search (semantics) and services.
Yebol utilizes a combination of patented algorithms paired with human knowledge to build a Web directory for each query and each user. Instead of the common “listing” of Web search queries, Yebol automatically clusters and categorizes search terms, Web sites, pages and contents.
Yebol allows for a multi-dimensional search result instead of the normal one-dimensional search seen by most web search engines today. This provides a more accurate summary of top sites and categories; a wider array of related search terms; a longer and richer expansion for query results; and a deeper base of links and keywords in search result pages.
Unlike current search platforms, Yebol provides hundreds of easily identified and accessibly categorized results in one easily navigable page. Our results not only provide users with a rich search experience, but also help them quickly scan the results to find targeted information. In essence, we generate a unique “homepage look” for each search query.
Yebol provides a productive experience for both main types of search – general investigation of a topic and specific target search. For users who want to research and explore a topic, Yebol provides rich information from several dimensions. For users who want a specific type of targeted results, they can quickly focus on their category and navigate to the target.

Link: http://yebol.com/

Can you violate your parole by acting on a TV reality show?

Most brides don't want to be portrayed poorly like the ones featured on the show Bridezillas, but Karee Gibson says she was given the unique opportunity to appear on a reality TV show. Bridezillas follows the lives of engaged women, casting their busy schedules in an emphatic and sometimes humorous fashion.Gibson said, "I thought it would be a nice opportunity for me to show my acting skills, cause I've always wanted to be an actress and also a way for my family to get some income to help me pay for my wedding."Gibson claims her bad behavior on the show was all an act. Gibson says, "I'm not like that at all and that's why it was fun for me because I'm not like that at all and that's why I'm getting so upset because everybody thinks I'm like that because I did such a good job acting and that's not me."Her convincing appearance on the show could land her in jail. Gibson is on probation for a fight she got into in high school. Her probation officer says her behavior on Bridezillas is a violation of her parole.The 21-year-old wife and mother has been ordered to report to the Racine County Jail Monday afternoon. Now her decision to appear on Bridezillas is one she regrets.Gibson hired attorney Alan Eisenberg to represent her. He says he plans to file multiple lawsuits on Gibson's behalf. Eisenberg says, "She had engaged in no misconduct of any kind...there is no excuse for this."


Link: http://www.fox6now.com/news/witi-090802-bridezilla-jail,0,3181387.story

Blogging when impaneled on a jury trial, gets an attorney suspended.

Frank Russell Wilson of San Diego was suspended for 18 months, stayed, placed on two years of probation with a 45-day actual suspension and was ordered to take the MPRE within one year. The order took effect Jan. 23, 2009.
Wilson stipulated that as a juror in a felony trial, he failed to maintain respect due to the courts by not disclosing that he is an attorney and he improperly posted comments about the trial on his blog.
Wilson was impaneled on a jury hearing a trial in which the defendant faced five felony burglary charges. He had closed his law practice prior to the beginning of the trial and worked for a wireless communication technology firm. He did not disclose during voir dire that he was an attorney.
The judge cautioned jurors not to discuss the case both in writing and orally. Nonetheless, Wilson posted an entry on his blog that identified the crimes, the first name of the defendant and the name of the judge, whom he described as “a stern, attentive woman with thin red hair and long, spidery fingers that as a grandkid you probably wouldn’t want snapped at you.”
He also noted, “Nowhere do I recall the jury instructions mandating I can’t post comments in my blog about the trial. (Ha. Sorry, will do.) So, being careful to not prejudice the rights of the defendant — a stout, unhappy man by the first name of Donald …”
Wilson’s action resulted in the court of appeal vacating the judgment in the case and remanding it back to the trial court.



Link: http://calbar.ca.gov/state/calbar/calbar_cbj.jsp?sCategoryPath=/Home/Attorney%20Resources/California%20Bar%20Journal/August2009&MONTH=August&YEAR=2009&sCatHtmlTitle=Discipline&sJournalCategory=YES#s10

Monday, August 3, 2009

A former NY policeman admits to racial profiling, how many across the U.S. are doing the same thing?

Jake McNicholas served with the NYPD from 1985 to 2007, retiring as a first grade detective from the terrorist interdiction unit of the Intelligence Division. "I spent a lot of time in Washington Heights during those years, working narcotics in the confines of the 30th Precinct. It was a busy place with loads of illegal drug activity - dealing on the street and in residential buildings outfitted and barricaded as drug spots. We made arrests, thousands of arrests, and here is one of the ways the white cops and Hispanic cops and black cops did it.
We looked for white people.
That's all you really had to do. Cruise Broadway or Amsterdam Ave. or Riverside Drive in an unmarked car, spot the white guy driving the vehicle with the Jersey plate slow and deliberate, watch him park and shuffle to the sale location, watch him walk back to the vehicle with the pep in his step shortly thereafter and bingo. Most times you had a collar.
Is that not good police work? Of course it is.
So please, ponder this for a moment. Who do you think is terrorizing the black community? Who do you think is raping and assaulting young black women? Who do you think is pulling out the nine and shooting young male blacks on the corner over a bag of Cheez Doodles and a Philly blunt?
Pause and ask yourself why do you think more blacks and Hispanics are stopped? Because, you guessed it, they are the ones committing the crimes and fitting the description. The Police Department is not making this up. This is the horrible truth. The carnage is appalling, and rather than address the real issue, liberals and civil rights leaders make excuses and ignore the facts."

Link: http://www.nydailynews.com/opinions/2009/08/02/2009-08-02_i_was_a_racial_profiler.html

Can denture creams be harmful

A Suburban Boca Raton woman is one of many people who believes denture cream caused neurological problems due to a high concentration of zinc. They are suing denture cream manufacturers Procter & Gamble and GlaxoSmithKline.

Link: http://www.tcpalm.com/news/2009/aug/02/denture-cream-lawsuits-coming-together-south-flori/

Saturday, August 1, 2009

Could chanting "I hate the police" get you arrested? An Attorney in Washington D.C. claims they did just that to him.

D.C. police launched an internal investigation after a 33-year-old lawyer complained that he was improperly charged with disorderly conduct after chanting "I hate police" while walking down the street.
Pepin Tuma, a lawyer in private practice, said he was walking in the U Street corridor late Saturday with two friends when they came upon several police cars at a traffic stop. Tuma and his friends, also lawyers, had been discussing the arrest of Harvard professor Henry Louis Gates Jr. "In a singsong voice, a little louder than conversation, I said, 'I hate the police. I hate the police,' " Tuma said. He said an officer came over and said, "You can't talk to the police like that," before pushing him against an electric utility box and handcuffing him.
Tuma said he asked why he was being arrested and said he had a right to express his opinion. Tuma said the officer called him a "faggot."


Link: http://www.washingtonpost.com/wp-dyn/content/article/2009/07/30/AR2009073003955.html

How many attorney's are Facebooking about cases etc.?

Galveston, Texas-area lawyers on Facebook may want to double-check their friends list, especially if they’re about to appear before Judge Susan Criss.
That’s because Criss, a state court judge who is learning to adapt to social media as a way to connect with long-lost friends and is leveraging Facebook as a judicial campaign tool, has also learned a few things she didn’t expect.
Biggest surprise: Even lawyers don’t fully grasp how public social media is, even when privacy controls are in place.
“Anyone can cut and paste,” said Criss, who was part of a Friday ABA Annual Meeting program “Courts and Media in the 21st Century: Twitterers, Bloggers, the New Media, the Old Media, and What's a Judge to Do?” sponsored by the ABA’s Judicial Division.
Criss recalled one time that a lawyer asked for a continuance because of the death of her father. The lawyer had earlier posted a string of status updates on Facebook, detailing her week of drinking, going out and partying. But in court, in front of Criss, she told a completely different story.
Then there was the lawyer who complained about having to handle a motion in Criss’s court. Criss playfully zinged her, too—on Facebook, of course.
Criss has seen lawyers on the verge of crossing, if not entirely crossing, ethical lines when they complain about clients and opposing counsel. And she admonished one family member who jeopardized her own tort case by bragging online about how much money she would get from a lawsuit.
The judge's near-breathless accounts of questionable online activity by members of the bench and bar had many in the audience wondering whether Facebook, Twitter and their ilk are worth the headache.


Link:http://www.abajournal.com/news/facebooking_judge_catches_lawyers_in_lies_crossing_ethical_lines_abachicago/