Wednesday, December 21, 2011

Pennsylvania Court Rules That Trading Sex for World Series Tickets Isn't Prostiution

This Pennsylvania case caught our eye via the Volokh Conspiracy.
The facts are good reading:
On October 26, 2009, Defendant Susan Finkelstein posted an advertisement on the internet forum Craigslist that read: “Diehard Phillies fan—gorgeous tall buxom blonde—in desperate need of two World Series tickets. Price negotiable—I’m the creative type! Maybe we can help each other!”
That same  day [Sgt Robert Bugsch] with the Bensalem Township Police Department was monitoring Craigslist postings for possible prostitution advertisements. [Sergeant Bugsch] replied to Defendant’s ad via email requesting to see Defendant’s photograph. A few minutes [later], Defendant  responded with three (3) topless photographs of herself with the message, “No problem, Robert.  Here’s a few for ya!”
[Sergeant  Bugsch] asked how she wanted to pay for the World Series ticket, which began the following verbatim email exchange:
[Finkelstein]: What [sic] the asking price? My currency is, well, let’s just say ‘unconventional.’
[Sergeant Bugsch]: Well then if that’s the case, how many tixs did you want and what are you willing to pay???
You can see where this is going. Finkelstein was arrested at a meeting with the undercover officer and charged with prostitution and attempted prostitution.

Monday, December 12, 2011

Massage Parlor Trial Ends When Masseuse Recognizes Defense Attorney, A Former Client

A federal sex-trafficking case was declared a mistrial last week when a masseuse testifying against an allegedly exploitative massage parlor recognized the defense attorney as a former client.
Liudmyla “Liuda” Ksenych, a Ukranian immigrant, worked at a massage parlor owned by Alex “Daddy” Campbell, where other women testified they were trained to give clients sexual favors and pay Campbell thousands of dollars to avoid deportation, the Chicago Sun-Times reports. When she left the witness stand last Monday, she told prosecutors that she recognized Campbell’s attorney, Douglas Rathe, as a former client.
Rathe, a former assistant Cook County state’s attorney, told U.S. District Court Judge Robert Gettleman that he had visited Ksenych four times for massages and given her a bottle of perfume as a gift, but that “nothing inappropriate” occurred during those visits, according to the Chicago Tribune.
“It was a massage — that was all it was,” Rathe told the Sun-Times Monday. “What happened was embarrassing — there was no doubt about it. [But] I did nothing illegal or nothing that was considered improper. This was a very unusual circumstance.”

Thursday, December 8, 2011

Tweet to Save A Life: Death row inmate gets new trial; one juror slept, another tweeted about the trial during the proceedings

Erickson Dimas-Martinez
The Arkansas Supreme Court on Thursday tossed out a death row inmate's murder conviction and said he deserves a new trial because one juror slept and another tweeted during court proceedings.
Erickson Dimas-Martinez's attorneys had appealed his 2010 murder conviction because a juror sent tweets despite the judge's instruction not to post on the Internet or communicate with anyone about the case. The lawyers also complained that another juror slept.
In one tweet, juror Randy Franco wrote: "Choices to be made. Hearts to be broken...We each define the great line." Less than an hour before the jury announced its verdict, he tweeted: "It's over."
Other tweets by Franco made passing references to the trial, with posts such as, "the coffee sucks here" and "Court. Day 5. Here we go again."
The court said Franco, known as Juror 2 in court documents, violated general instructions to not discuss the case. Before opening arguments, the judge said: "Just remember, never discuss this case over your cell phone. .... and don't Twitter anybody about this case."

“Ever argued with a woman?” How 'bout with two women at the same time?


Monday, December 5, 2011

Priceless? No: Speechless?...........................Definitely

According to the South Florida Lawyers blog, this is a real ad, that was in the Florida Bar Journal, no less!

Newark police officer steals car from drunk driver, smashes into wife's car

When a Newark cop allegedly told a drunken driver to get out of his pickup truck and sober up, it probably seemed like he was giving the guy a break.
But shortly after instructing the driver to hoof it and retrieve the pickup later, officer Enrique Gonzalez took the truck to Garfield, where police say he used it to ram his estranged wife’s car.
Gonzalez was off-duty, but in uniform on Nov. 15 when he pulled the driver over near Walnut Street in Newark’s East Ward, Police Director Samuel DeMaio said today.
"He says, ‘Okay, I’m not going to arrest you. Park your car here. I’m going to leave the keys in the tailpipe. Come back and get the car when you’re sober,’" DeMaio said. The driver "comes back several hours later and finds the car gone."
Meanwhile, Gonzalez took the Ford F-450, DeMaio said, and went to pay his estranged wife’s car a visit when he was pulled over by Elmwood Park police for erratic driving.
"He said he was late for work, he apologizes, and they let him go," DeMaio said.
Gonzalez, 28, continued to Garfield, where he allegedly rammed his wife’s 2011 Hyundai. The Hyundai was parked behind the woman's Buick which also sustained damage. DeMaio said the six-year Newark veteran then informed local police that some unidentified person had inflicted the damage.

Friday, December 2, 2011

Man Sues Automobile Lender Seeking Damages for Intentional Infliction of Emotional Distress For Revealing To Wife That Another Woman Was Making His Car Payments

A man in Chicago has filed a lawsuit against the company that serviced his car loan for allegedly ruining his marriage by revealing, via a voice mail, that another woman was making loan payments for him.
Alleging "sexual-scandal blackmail," the plaintiff says that the lender "became aware of a relationship between plaintiff and a female associate and friend," who was "in the habit of periodically making payments on the vehicle."
The man claims he told the lender that his wife was not exactly a fan of his friendship with this woman, but that "In the guise of collection efforts, and fully aware of its toxicity, [the lender] left a message on plaintiff's home answering machine wherein [it] identified Jane Doe by name and referenced conversations with her. Defendants had been advised of the necessity of privacy concerning Jane Doe's payments due to the assurance of a malignant reaction by plaintiff spouse."
The plaintiff says that bringing up the name of this Jane Doe (which we're assuming is not her real name), "had no reasonable relation to any collection efforts."
And once the plaintiff's wife heard the voicemail and mention of Ms. Doe's name, it "immediately caused plaintiff's spouse to separate the marriage, whereby plaintiff's spouse immediately left the primary residence and removed plaintiff's children from plaintiff's home. She did so upon the pretext of divorce."
And when the man contacted the lender and told them what had transpired, he claims he was told, "Now we know a pressure point to use on you."
The plaintiff has returned the car to the lender, but now seeks damages for intentional infliction of emotional distress.
(The Consumerist)

Lawyer Accused of Seeking Secretary on Craigslist with Duties to Include 'Sexual Interaction' with Him and His Partner, and Requiring Submission of Pictures and Measurements Gets Suspended for One Year

An Illinois lawyer accused of telling an applicant for a secretarial position that the job included “sexual interaction” has been suspended for one year.
The Illinois Supreme Court issued the order of suspension for Samir Zia Chowhan, the Legal Profession Blog reports. According to a hearing panel’s report, Chowhan posted an ad in the “adult gigs” section of Craigslist seeking a secretary, and asking applicants to send pictures and measurements.
After one woman responded, Chowhan is accused of sending an email informing the applicant her duties went beyond secretarial work. “In addition to the legal work, you would be required to have sexual interaction with me and my partner, sometimes together, sometimes separate,” the email said. ‘This part of the job would require sexy dressing and flirtatious interaction with me and my partner, as well as sexual interaction. You will have to be comfortable doing this with us.”
(ABA Journal)

[Maybe They Should Take The Hot Chillies Off the Lunch Menu]: Burp in Class, Face Juvenile Detention in New Mexico - Strange Punishment

School children everywhere, here is an unsolicited lesson in proper class etiquette. Never, ever insult your teacher, or spew bad language in the middle of class. You shouldn't tease your classmates, and you shouldn't cheat during your exams.
Oh, and don't burp in class. You might get arrested for that.That is exactly what happened in the case of one 13-year-old from Albuquerque, New Mexico. The student let out some gas in the middle of a PE class on May 11.
His actions seem relatively normal. They might even be considered harmless. If you've ever quickly downed your lunch or guzzled some soda the feeling of gas welling in your stomach and throat is all too familiar. And one of the only ways of relieving that pressure is to burp. Maybe it's not polite to do so in front of a classroom of your peers, but it's definitely not that abnormal.
What else are you supposed to do - suck it in and hope it goes away by itself?

Thursday, December 1, 2011

Patrick J. Sullivan Jr., former national 'Sheriff of the Year' arrested, sent to jail in the Patrick J. Sullivan Jr. Detention Facility.

CENTENNIAL, COLO. — A former Colorado lawman with a record so distinguished he was once honored as the nation's sheriff of the year now finds himself in a jail that was named for him, accused of offering methamphetamine in exchange for sex from a male acquaintance.
Patrick Sullivan, 68 — handcuffed, dressed in an orange jail uniform and walking with a cane — watched Wednesday as a judge raised his bail amount to a half-million dollars and sent him to the Patrick J. Sullivan Jr. Detention Facility.
The current sheriff, Grayson Robinson, who worked as undersheriff for Sullivan from 1997 until he took over the job in 2002, said the department was shocked and saddened at his arrest.
Robinson said the case is still under investigation, including where and how Sullivan might have gotten the drugs. He declined to say if authorities suspect Sullivan of using drugs, or if others might be charged.
Sullivan's arrest has many in suburban Denver's Arapahoe County where he held sway for nearly two decades wondering what happened to the tough-as-nails lawman they once knew — a law officer known for his heroism in saving two deputies and for his concern about teenage drug use.

Wednesday, November 30, 2011

Chutzpah Redux: Kidnapper sues couple he kidnapped for $235,000, claiming breach of oral contract that they would hide him for an unspecified amount of money

Jesse Dimmick is suing the couple he was convicted of kidnapping while on the run from police.
Dimmick contends in the breach of contract suit seeking $235,000 that after he entered Jared and Lindsay Rowley’s house in 2009, they reached a legally binding, oral contract that they would hide him for an unspecified amount of money.
“Later, the Rowleys reneged on said oral contract, resulting in my being shot in the back by authorities,” Dimmick wrote in a notarized legal document indicating he was filing the counterclaim in response to a suit against Dimmick that the Rowleys filed in September.
Dimmick personally — in longhand — wrote the document, which was filed Oct. 21 in Shawnee County District Court.
He wrote: “As a result of the plaintiffs breech (sic) of contract, I, the defendant suffered a gunshot to my back, which almost killed me. The hospital bills alone are in excess of $160,000, which I have no way to pay.”

Monday, November 28, 2011

Nice Try, Mrs. Baddley, But It's Illegal to Sell Your Husband on Craigslist

Gaming widows everywhere are quietly applauding Alyse Baddley, a 21-year-old Utah woman who tried to sell her husband on Craigslist. Fed up with the traditional head nod and deaf ears, she and her mother-in-law conspired to auction him off to the highest bidder.
Or in exchange for “an acceptable replacement.”
Baddley decided that it would be better if her husband Kyle went to a “good home” where his obsession would be tolerated. He hadn’t stopped playing Call of Duty: Modern Warfare since its November 8th release date.
The Craigslist ad listed Kyle as "easy to maintain" and only in need of "food and water every 3-5 hours." And an Internet connection, of course.

Roll Your Own, Save Money and Taxes; Major Washington Law Firm Lobbying for Homemade Cigarette Machine Maker

Former Rep. Philip English (R-Pa.) of Arent Fox is advocating for a Cincinnati-based company that manufactures machines that let consumers roll their own cigarettes, according to lobbying registration paperwork submitted to Congress last week.
English, a senior government relations adviser with the firm, is lobbying for RYO Machine LLC on licensure and taxation issues concerning the devices, which are intended to making smoking cheaper.
The machines allow customers to make their cigarettes with pipe tobacco, which receives a lower tax rate than tobacco for cigarettes. The federal excise tax is $2.83 on a pound of pipe tobacco, compared with $24.78 on a pound of roll-your-own tobacco and $20.13 on 400 pre-manufactured cigarettes that have about a pound of tobacco. More than a thousand of the machines are in tobacco shops in dozens of states, according to the company's Web site.

We Know Where You've Been: Mall owners pull plug on cellular location tracking of individual shoppers -- for now

You may now shop two malls again without fear of individualized tracking—at least by your cell phone signal. Privacy concerns raised by US Senator Charles Schumer (D-NY) have ended plans by malls in southern California and Virginia to "survey" customers' shopping habits by tracking their cell phone signals.
As Ars Technica reported last Friday, Forest City, the mall developer that owns and operates the Promenade Temecula in Temecula, California and Short Pump Town Center in Richmond, Virginia had announced it would test technology in those two malls from Path Intelligence. Called Footpath, the system uses a series of cellular signal detectors to triangulate the movement of customers' phones—and by extension, the customers themselves—through the mall's stores and other spaces. While the technology doesn't eavesdrop on cell phone users' calls or record information about their phone numbers, it does use their cellular device's digital signature to track individuals.
The collected information is stored on Path Intelligence's servers, and made available through a secure Web portal to mall owners, providing them with a way of profiling which stores customers visit and where foot traffic "hot spots" are for those demographics to optimize display advertising and other marketing.

Friday, November 25, 2011

Jury Convicts Texas Judge in Bribery Case; Campaign Donors Allegedly Expected Favorable Rulings

A Texas judge was convicted yesterday of multiple counts of bribery and other crimes, in a case focused on 2008 campaign donations from individuals who allegedly expected favorable rulings in a family court matter, in exchange for the money.
District Judge Suzanne Wooten, 43, testified that she knew nothing about improper donations, and one of her defense lawyers argued that she had willingly taken a pay cut in order to serve on the bench, the McKinney Courier-Gazette reports.
She also recused herself from hearing the donors' family court matter after she was elected, according to the article.
But a Collin County jury apparently was not persuaded. It convicted her yesterday, after a day-and-a-half of deliberation, of six counts of bribery, money laundering, conspiring to engage in criminal activity and tampering with a government record.
The penalty phase of her case is expected to begin on Monday and could conclude by Wednesday.
A number of local defense attorneys have attended the trial in support of Wooten, the article notes.
(ABA Journal)

Updated Definition of Chutzpah: Admitted Drug Dealer Sues Doctor Who Prescribed Painkillers

A York, PA. man who pleaded guilty to illegally selling prescription drugs is suing the doctor who prescribed the painkillers to him for medical malpractice and medical negligence.
Lionel "Beans" Sease is serving a six-to-16-year sentence for possession with the intent to deliver drugs and cocaine delivery.
Sease led authorities to Dr. Michael Dobish in January 2010 after Sease was investigated for obtaining large amounts of prescription painkillers from area pharmacies.
Dobish, of Spring Garden Township, pleaded guilty in August 2010 to illegally dispensing drugs and Medicaid fraud. He was sentenced to three to six years in prison and ordered to serve 27 months before becoming eligible for probation.
He also was ordered to pay $73,787 in restitution to Medicaid and lost his medical license for 10 years.
The doctor denied making a financial profit from the prescriptions he wrote for Sease, one of his patients.
Sease now is suing Dobish and his former medical practice, Dallastown Medical Associates, alleging that Dobish's "malpractice" resulted in his becoming "highly addicted and or dependent" on Vicoden, Percocet and Oxycontin.

Wednesday, November 23, 2011

Texas Cop Catches Arrested, Handcuffed Couple Engaged In Sex Act In Back Seat Of Police Car

Meet Tina Marie Arie and Howard Windham.
The Texas duo was arrested on drug charges last Monday after a cop was summoned to a Whataburger, where a male acquaintance of Arie and Windham was passed out.
Arie, 44, who admitted providing the unconscious man with Hydrocodone, was arrested for delivery of a controlled substance. Windham, 30, was collared on a possession rap after he was found with the painkiller Soma. The pair was cuffed and stuffed into a police cruiser for the trip to get booked.
That’s when things got interesting, according to a spokesperson for Montgomery County Constable Precinct 4. When the officer looked in his rear view mirror, he “could no longer see Tina Arie,” who subsequently explained that she was resting her head in Windham’s lap because she was “tired.”
Suspicious, the officer pulled over to the side of the road to further investigate, according to a press statement. He discovered that, “despite being handcuffed behind their backs,” the pair were engaged in a sexual act. Windham’s jeans were undone “and Arie was servicing his exposed genitalia.”

You Think It's Easy for a Defendant to Qualify in Court as an Expert Witness in the Pimping Profession?

A judge yesterday rejected a Brooklyn pimp’s request that he be qualified as an expert witness so he could explain his profession to the jury at his rape and robbery trial.
Anthony McCord, 29, who is accused of beating up two girls in his stable and raping one of them as payback for stealing his computer, demanded expert status so he could help jurors understand the lifestyle.

“I’ve been in the industry since 2000. I’ve read every book, saw every movie, heard every song relating to this subject matter,” McCord told Brooklyn Supreme Court Justice Wayne Ozzi. “It would be helpful to the jury to understand the character of the people involved . . . [and] the relationship between pimps and prostitutes.”

McCord claims the March 2010 beatings were part of the pimp-prostitute relationship and the sex was consensual. (NY Post via Overlawyered)

Swiss Supreme Court Upholds Ban on Nude Hiking

Fed up with repeated incursions by German nacktwanderen (naked hikers), in 2009 a northern Swiss canton passed a law making such hiking illegal. See "New Swiss Law Aims to Halt Invasion of Naked Germans," Lowering the Bar (Apr. 26, 2009). A man convicted of breaking this law a few months later ultimately appealed the case to the Swiss Supreme Court, which ruled against him last week. Is it too late to warn you about the mildly NSFW photo appearing at that second link, which appears to show one of the nacktwanderen proudly greeting the sunrise? It is? Sorry about that. At least the picture was taken from the direction of the sunset. The hiker who challenged the law was actually acquitted by the trial judge, who appears to have found the local law preempted by the Swiss Penal Code, which the judge ruled regulates all crimes involving "sexual integrity," whatever that is. But the court of appeal disagreed and ordered the man to pay the fine. He appealed to the high court, but lost. "It is not arbitrary," the court held, "to consider naked hiking in public a gross breach of decency and convention." The activity is still legal in the rest of the country, it appears, but please don't take that as legal advice. You nacktwander at your own risk. Many of the reports use the word "naked" instead of "nude"; the two are pretty close synonyms but "naked" tends to imply resulting discomfort or embarrassment, and obviously neither of those were involved here. So I went with "nude hiking" for the headline. A French report on this story refers to the guy as a "nudist rambler," but I'm not sure that has the same connotation in English. "The Nude Ramblers" would be a pretty good name for a band, though.
(Lowering the Bar)

Here Comes Da Judge: Oklahoma Judge Loses Pension for Using Penis Pump -- in Court!

 (Newser) – An Oklahoma judge who used a sexual device under his robe while presiding over jury trials has been stripped of his pension. Donald Thompson—who served 20 months in prison for indecent exposure after being caught using a penis pump—violated his oath of office and has no right to collect his $7,789 judicial pension, the Oklahoma Supreme Court decided. Thompson's lawyers argued that he should only lose benefits from his last term in office, the Oklahoman reports.
"Court reporters observed the felonious exposure of Mr. Thompson's private parts, and testified to the fact during the criminal trial. That trial resulted in conviction of felonies. Those felonies violated Mr. Thompson's oath of office," the court wrote. Thompson, who served as a judge for 22 years, was arrested after a court reporter told police that she had seen him using the device almost daily during the murder trial of a man accused of shaking a toddler to death. Investigators found semen on the carpet, his robes, and the chair behind the bench

Kellogg Settles the Great Toucan Dispute With Archaeologists

<<note from Legalastic: This is a follow up to the Nov 9  post about the cease-and-desist letter sent to a roup of Mayan archaeologiststic over the use of a toucan in its logo>>

Forbes - As I reported previously, Kellogg North America sent a cease-and-desist letter to the Maya Archaeology Initiative in July, complaining that the non-profit group was using a toucan on its logo that some might confuse with Kellogg’s “Toucan Sam.” MAI’s lawyer responded that her client shouldn’t have to either cease or desist, because of significant differences between the logos and also because it seemed doubtful that consumers would confuse a Central-American-archaeology group with the maker of Froot Loops. She also noted that Kellogg’s claim it also used “Mayan imagery” was not that compelling, since the closest thing she could find on Kellogg’s websites was an adventure game featuring a pyramid with Froot Loops on it and what appeared to be a “demeaning caricature” of a quasi-Mayan “witch doctor.”

Saturday, November 19, 2011

87-year-old woman accused of shooting her husband; claims her husband was cheating on her with her hairdresser

Desjardins
An 87-year-old woman has been charged after allegedly shooting her 88-year-old husband. Police say she believed he was cheating on her.Dorothy Desjardins, of Springfield, was charged Sunday in Greene County Circuit Court with second-degree domestic assault.
Her husband, Peter Desjardins, was treated and released from a local hospital after suffering a single gunshot to his right forearm.
Peter Desjardins, who was contacted at home by the News-Leader, said his wife suffered from multiple medical ailments and he believed her conditions contributed to her actions. He declined further comment.
Court documents indicate Dorothy Desjardins shot her husband with a 22-caliber revolver after confronting him about a suspected affair with her hairdresser.
Peter Desjardins told authorities he was in bed when his wife walked into the room and began to throw books at him.
She then picked up the revolver, according to the documents.

Friday, November 18, 2011

Long Island man wearing 'I'm a drunk' shirt arrested for DWI

Hope he can keep the mug
shot out of evidence
His only defense is that he's a "drunk."
A 22-year-old Long Island man wearing a shirt saying he's a drunk was charged with DWI early today after he plowed into a cop who was on drunk driving patrol, authorities said.
A mug shot taken after his arrest by Suffolk County cops shows Kevin Daly, 22, of Coram, wearing a black T-shirt that read: "I'm not an alcoholic. I'm a drunk. Alcoholics go to meetings."

Thursday, November 17, 2011

Illinois Legislature Overrides Veto, Legalizes Roadkill Collection

Lowering the Bar - Well, it has been a real roller-coaster ride for those of us following the status of roadkill legislation in Illinois.
In May, we learned that HB 3178 had been passed by the Illinois Legislature, thereby clarifying that it was not illegal to "take or possess" a fur-bearing animal so long as you had the right permit, even if you just found it by the side of the road rather than hunted it down yourself. According to the sponsor, the measure would "help clean up our state at no extra cost" to the taxpayers.
That was certainly great news, but in August, Governor Pat Quinn vetoed the measure. Though he "commend[ed] the sponsors for their hard work on this legislation," Quinn said he was concerned about the safety implications of encouraging people to scour the state's roadways looking to get themselves a free dead mammal. He asked lawmakers to consider "appropriate safety measures" (whatever those might be) in any subsequent roadkill legislation.
Actually, no, the sponsors responded, we'd rather not, and promptly brought a motion to override the veto. That takes a three-fifths majority in Illinois, but that was not a problem - the motion passed 87-28 in the House and 52-0 in the Senate. Once again, therefore, it is legal in Illinois to pick up roadkill if you have the right permit.
I guess I don't know what to think about this, actually. Is it sadder that people are out there peeling dead animals off the roadway, or that our government insists that we need to have a permit to do it?

Wednesday, November 16, 2011

Derbyshire Police Snare Suspects With Free Beer Sting

Pcs Andy Clare and Steve Browett with boxes of beer

Derbyshire U.K. -Police have arrested 19 suspects after fooling them into ringing officers by promising free beer if they got in touch.
In an undercover operation, Derbyshire Police sent letters to dozens of people who had evaded arrest for several months.
They were asked to ring a marketing company to collect a free crate of beer.
A total of 19 suspects fell for the hoax and called the number, which put them straight through to Chesterfield Police Station.
A time and date was arranged for the free alcohol to be delivered but instead the suspects were arrested.

Adam Wheeler, Harvard Faker Already Convicted of Fraud for Faking His Way into Harvard, Jailed For Citing School On Resume

A Delaware man convicted of fraud for faking his way into Harvard was ordered held without bail Wednesday after admitting he violated his probation by citing the university on a job resume.
Adam Wheeler, 25, was sentenced last year to 2 1/2 years in jail and 10 years on probation for identity fraud and other charges. The sentence was mostly suspended; Wheeler served just one month in jail while awaiting trial.
Prosecutors said he got into Harvard by falsely claiming that he had attended the exclusive Phillips Academy prep school in Andover and the Massachusetts Institute of Technology.
Wheeler, originally from Milton, Del., was kicked out of Harvard in 2009 after he tried to get the school's endorsement for Rhodes and Fulbright scholarships. Authorities said his application for the scholarships contained a string of lies, including a list of books he said he had co-authored, courses he said he had taught and lectures he said he had given.
After he left Harvard, Wheeler applied and was accepted to Stanford as a transfer student. Stanford rescinded his admission after media reports about his arrest.
Under the terms of his probation, Wheeler was barred from representing himself as a Harvard student or graduate. Wheeler's lawyer, Steven Sussman, acknowledged that Wheeler had violated that provision by saying on his resume and in a cover letter for a job application that he had attended Harvard.

Tuesday, November 15, 2011

Ooops - Jerry Sandusky’s Lawyer Also Likes Them Young? | Above the Law

Above the Law - It would be hilarious if the man wasn’t accused of raping little kids. It appears that Jerry Sandusky, the former Penn State defensive coordinator who is accused of having sex with little boys, has hired an attorney. Unlike Joe Paterno, who lawyered up with the Biglaw firm of King & Spalding, Sandusky went with attorney Joe Amendola.
You’d think that out of all the attorneys in the world, Sandusky would pick one who had an untarnished record when it comes to sleeping with minors. But you’d be wrong.
Instead, Sandusky went the other way. He didn’t find a lawyer who just slept with a minor, he found one who reportedly impregnated one….

The Daily reports on Amendola’s alleged acts of conception. The first two times I read it, I was sure I was reading something in the Onion:
The lawyer for accused child molester Jerry Sandusky apparently likes his women young.
Defense attorney Joe Amendola, 63, representing Sandusky in the sexual molestation case roiling Penn State and Joe Paterno’s legendary football program, impregnated a teenager and later married her, The Daily has learned.
According to documents filed with Centre County Courthouse, Amendola served as the attorney for Mary Iavasile’s emancipation petition on Sept. 3, 1996, just weeks before her 17th birthday.
The emancipation request said Mary graduated from high school in two years with a 3.69 grade point average and maintained a full-time job — but makes no mention of any special relationship between her and her lawyer.
Roughly around the same time, however, Iavasile became pregnant with Amendola’s child, and gave birth before she turned 18, her mother, Janet Iavasile, alleged in an interview with The Daily.

Monday, November 14, 2011

Judge candidate accused of drinking on the job - Video

WINK, Ft. Myers, FL. - WINK cameras were rolling as a murder trial was halted because the defense lawyer was suspected of drinking on the job. A WINK News investigation uncovers, it's not the first time. Hundreds of pages of documentation were discovered exposing that she had problems staying sober at work. And the attorney in question just filed paperwork to run for a judge's seat. Karen Miller has a well-documented history of drinking on the job.
We also learned today that Miller was arrested over the weekend, and for the third time she's charged with DUI.
She's still representing clients and wants to further her career by running to be a judge. If she wins, Miller will be presiding over hundreds of cases in Lee County.
James Sims is on trial for murder. Karen Miller is his attorney.
After Miller's strange line of questioning during the trial, the prosecutor on the case asked the judge for a meeting in his chambers because she thinks Miller wasn't functioning properly.

Couple sues airline over cockroaches on plane

WCNC.com Charlotte - A Charlotte couple is suing Air Tran Airways, claiming their flight had cockroaches coming out of air vents and storage areas and that flight attendants ignored their concerns.
Attorney Harry Marsh and his fiancé Kaitlin Rush allege negligence and recklessness, intentional infliction of emotional distress, nuisance, fraud, false imprisonment and unfair and deceptive trade practices stemming from their flight September 15 from Charlotte to Houston with a stop-over in Atlanta.
Marsh and Rush allege cockroaches came out of air vents and carry-on compartments shortly after takeoff. They took pictures of the cockroaches and included them as exhibits in the lawsuit.
In the lawsuit, Marsh and Rush allege numerous other passengers became aware of the cockroaches and that it caused great distress to a number of passengers.
The lawsuit also alleges flight attendants were too busy to investigate the problem or believe the problem existed. Marsh said when he brought it to a flight attendant’s attention, the flight attendant put her finger to her mouth. Marsh said his interpretation was the flight attendant implying to be quiet.

Saturday, November 12, 2011

Public Breastfeeding May Be Legal in Paw Paw, But It’s Not OK in My Court, Judge Reportedly Told Mom

A woman fighting a Michigan boating ticket that had already resulted in a bench warrant says she had no choice but to take her 5-month-old with her to a Tuesday hearing as he recuperated from a fever.
Quiet for more than two hours as she waited for her case to be called, the boy then awakened and needed to eat. So, since she was wearing appropriate clothing for the purpose, she breastfed him, Natalie Hegedus tells WWMT.
This didn't go over well with the judge, when Hegedus' case was called while her son, Landen, was still eating.
“You think that's appropriate in here?” Judge Robert Hentchel asked her, according to a transcript of the 7th District Court case in Paw Paw.
Hegedus replied that she had to feed her son, and it was legal to do so.
“Ma'am, it's my courtroom, I decide what's appropriate in here, come on up, okay,"

Friday, November 11, 2011

Planned threesome goes wrong: FL man accused of attacking wife & other woman when they began kissing

Jorge Daniel Silva

Naples Daily News -- A sexual threesome turned violent Sunday, resulting in an East Naples man's arrest — accused of punching his wife, swinging a big-screen television at her and whipping her with a belt.
Jorge Daniel Silva, 22, of the 6400 block of College Park Circle, faces a felony battery charge after Collier deputies say he became enraged before a planned threesome with his wife and another woman Sunday afternoon.
Silva's wife told deputies that the three of them began kissing when Silva "freaked out" and started hitting her. The two women then ran into a bedroom and locked themselves inside, but Silva broke through the door, the report said.
As his wife curled up to avoid being hit, Silva punched her and "swung the TV at her like a bat," the report said. After hitting his wife with the television twice, Silva dropped it on her, then grabbed another television and threw it at her, deputies said. The second woman told deputies she tried to break up the fight but Silva would punch her in response.
Silva's wife was covered with blood when deputies arrived, her face was swollen and she appeared to have a broken nose, the report said.

Judge Orders Divorcing Couple To Swap Facebook And Dating Site Passwords

(Forbes) -- Most divorces require spouses to part with some of their property, but in Connecticut, a soon-to-be ex-husband and wife are being asked to give up more than just investments, cars, TVs, kids, and pets. They have to hand over their social networking passwords. At the end of September, Judge Kenneth Shluger ordered that the attorneys for Stephen and Courtney Gallion exchange “their client’s Facebook and dating website passwords.”
Everyone knows that evidence from social networking sites comes in handy for lawsuits and divorces. Attorneys usually get that material by visiting someone’s page or asking that they turn over evidence from their page, not by signing into their accounts. But judges are sometimes forcing litigants to hand over the passwords to their Facebook accounts. Should they be? What was the reason behind the court-authorized hacking in the Gallion case?

Wednesday, November 9, 2011

Medical impostor roils Michigan Probate Court; for years, man testified as an expert doctor witness

Macomb County Probate Court officials can't explain how a man falsely claiming to be a medical doctor was allowed to decide whether people were mentally competent to handle their own estates and whether jail inmates needed mental health care.
Court officials say they found out last week Gerald Terlep isn't a medical doctor. He has a master's degree in social work, although he has acted as a doctor since at least 2003, testifying as an expert witness and ordering medical treatment in probate cases, a violation of state law that says treatment cannot be court-ordered unless the patient's examining doctor or psychologist testifies in person or in writing.
Probate Court Administrator Phillip Anderson said Terlep was barred from testifying in cases after questions surfaced last week about his qualifications. But when asked how someone who isn't a doctor was allowed to render medical decisions, and whether the court has a vetting process to determine experts' validity, Anderson said, "I can't answer that question."
Reached by telephone, Terlep declined to comment.

Cereal Maker Claims Non-Profit's Bird Infringes on "Toucan Sam"

(Forbes)  The Maya Archaeology Initiative is fighting claims by Kellogg North America that a bird depicted in MAI’s logo is too similar to “Toucan Sam,” the fictional spokesbird for Froot Loops cereal.
MAI, a non-profit that supports education for Guatemalan children (as well as archaeology), got a cease-and-desist letter from Kellogg’s lawyers in July saying that Kellogg was concerned about an application to use the logo in connection with clothing, given that Sam also appears on clothing. Kellogg said it was also concerned about the use of “Mayan imagery” in the mark, saying that Sam also sometimes appeared in a similar setting.
Decide for yourself whether there is a likelihood of confusion:
Sam is on the left









Tuesday, November 8, 2011

Bigfoot takes free-speech claim to N.H. high court

CBS Boston.com
 CONCORD, N.H. — Bigfoot is taking his First Amendment case to New Hampshire’s top court.
When Jonathan Doyle of Keene donned a Bigfoot costume and set out to videotape staged sightings of the fabled ape-like creature on Mount Monadnock two years ago, state park officials put the kibosh on his escapades, saying Doyle and his friends had failed to pay $100 for a special-use permit 30 days in advance and secure a $2 million bond.
But such requirements stifle free speech and artistic expression and are too broad to pass constitutional scrutiny, say Doyle and the New Hampshire Civil Liberties Union. Defeated at the trial court level, they’ve now climbed to the top of New Hampshire’s legal system, the state Supreme Court.

Friday, November 4, 2011

CA Police Association stops sales of "U raise 'em, we cage 'em" T-shirts showing picture of a young child behind bar

T-shirts sold by the Twin Rivers Police Officers Association have this message: "U raise 'em, we cage 'em," surrounding a picture of a young child behind bars.
On Monday, community leaders and child advocates said the T-shirts are highly offensive and could validate feelings of mistrust for the Twin Rivers' school police force. The agency has been under intense scrutiny over complaints it has overstepped its authority."There is nowhere on the planet where it is OK to wear a shirt like this," said Ed Howard, senior counsel for the University of San Diego's Children's Advocacy Institute, after seeing the image of the shirt.The quote and picture is on the back of the shirt. The Twin Rivers Police Officers Association logo is on the front.
Twin Rivers police union President Arlin Kocher, an officer in the department, said the union came up with the shirts in 2009 to raise funds for the families of fallen officers. Fewer than 30 shirts were ordered; most were sold for $12 to Twin Rivers union members, Kocher said.He now calls the shirts a mistake.

Woman, after clinical trial, sues for damages for allergic reaction from a placebo. Wait--the story gets better

(via Drug and Device Law Blog)
We often go out of our way to infuse our posts with humor – or at least we try for a few chuckles.  But sometimes, a case finds its way to us that doesn’t need to be “punched up” with witticisms or amusing anecdotes because the facts themselves are comically simplistic and frankly, we’re not sure we could make them any funnier (not that we won’t try).  So, with minimal elaboration, we bring you the case of Milton v. Robinson, 131 Conn. App. 760 (Conn. App. 2011).
We should start by saying this is not a typical product liability case.  Rather, plaintiff filed suit against a university, hospital and manufacturer based on her involvement in a clinical trial.  Plaintiff alleged that as a result of participating in the trial she suffered an adverse allergic reaction.  Let’s start there.  What was this adverse reaction that warranted the filing of a lawsuit including claims by plaintiff’s husband for loss of consortium and emotional distress?  A rash!  Milton, 131 Conn. App. at 767.   Really?  A lawsuit over what was described as a back full of mosquito bites?  Id.  We checked; Walgreen’s carries Calamine lotion for $5.00 a bottle.
On a slightly more serious note, we should point out that when plaintiff discussed the risks of the trial with one of the investigators, the investigator specifically mentioned the possibility that plaintiff could suffer from “rashes and allergic reactions.”  Id. at 765.  Rashes were also warned about in the informed consent form plaintiff signed.  Id.  So clearly, plaintiff didn’t have a failure to warn claim.
But we haven’t even scratched (sorry!) the surface of what makes this case so odd.  How about the fact that plaintiff wasn’t given the study drug, but rather -- the placebo!  Id. at 767.  By definition, a placebo is a substance containing no medication.

Defendant Loses Right to a Lawyer After Allegedly Stabbing 3 of Them with Pencils or Pens in Court

Defendant in court in restraining chair
The Daily Herald (WA)
A judge in Washington state has declared that pencil-and-pen-packing defendant Joshua Monson has forfeited his right to counsel because of three attacks on his lawyers during court hearings.
None of the lawyers was seriously hurt. In the first two incidents, which occurred less than a week apart, Monson was accused of stabbing two different lawyers with pencils he smuggled from jail, HeraldNet.com reports. On Tuesday, Monson grabbed the pen being used by his defense lawyer, Jesse Cantor of Everett, Wash., and stabbed Cantor in the head, witnesses said.
The attack occurred Tuesday as prosecutors gave opening statements in Monson’s felony drug trial in Snohomish County. Corrections officers set off an electric stun cuff on Monson’s leg as he lunged for the pen and then piled on top of him, the story says. The first person to reach Monson was a police officer seated at the prosecution table.
Judge David Kurtz said Monson will have to defend himself without a lawyer and will be strapped to a special chair for the rest of the trial. Kurtz advised jurors to ignore the incident, the restraints and the lawyer's absence. (ABA Journal)

Wednesday, November 2, 2011

Lawyer Indicted for Alleged Advice to ID Theft Ring; Pricey Pumps Partly Paid Fees, Feds Say

(via Wired.com)
More than 100 people, including a New York attorney, have been indicted in what is being termed the largest identity theft case ever prosecuted in the United States. The ring allegedly involved corrupt insiders at banks, stores and restaurants stealing customer data.
The suspects, members of five criminal gangs that operated primarily out of Queens County, New York, have ties to gangs in Asia, Europe, Africa and the Middle East, and were allegedly responsible for fraud losses that amounted to more than $13 million in the 16-month period between May 2010 and September 2011. Eighty-six of the defendants have been arrested, while the remainder are still being sought, according to the Queens County District Attorney’s office.
New York attorney Susan Persaud, who was arrested Oct. 4, is accused of aiding some of the defendants by providing them with information about how to conduct their crimes and evade authorities. Persaud, 34, allegedly received payment for her services in the form of expensive designer shoes. Persaud did not respond to a call for comment.

Saving Sports: Bake Sales Not So Sweet Anymore

Must proceeds of team booster club bake sales be pooled and distributed to boys and girls teams equally under Title IX. gender equality?
Controversy in New Mexico continues over booster club funding and Title IX implementation as discussion heats up over the state's Schools Athletics Equity Act. The issue remains whether private donations raised by parents through bake sales and working concession stands, or whether philanthropic contributions by private businesses, should be pooled together and distributed among all boys and girls teams under the guise of Title IX equality — and regardless of which parents/teams raised what.
The American Sports Council believes that combining volunteer, charitable donations will harm athletic departments. Quite simply, pooling donations will create a disincentive for parents to raise money for their own child's team when they realize that their own time, effort and money will go to other teams that have nothing to do with their child's sport. Furthermore, given that teams are already cash-strapped in this tough economic climate, why should schools demand that programs forgo financial contributions that others are willingly and intentionally giving to certain teams?
It's important to recognize that nowhere in the language of the federal Title IX law does it say that booster club/volunteer money will be counted as part of creating an equitable balance among males and females. Instead, like in New Mexico's case, the state law's interpretation of Title IX completely skews the law's original intent. Most assuredly, students will be denied opportunities to play sports as the impact of the contributions is lessened when they are distributed to a variety of teams, as well as when generous donations stop trickling in because of the mandate.

Monday, October 31, 2011

Californians can’t get Dunkin’ Donuts coffee online

“When consumers in California visit the Dunkin’ Donuts website hoping to order a bag of their favorite java, they are met with the following message: ‘Important Notice: We are temporarily suspending the shipment of orders to California while we work to comply with Proposition 65 with the State of California. We apologize for any inconvenience.’” Acrylamide, a compound naturally present in many roasted or cooked foods, is among the hundreds of substances that must be warned against under Prop 65, which has led, as we noted in May, to a lawsuit against more than 40 coffee companies. [TechNewsWorld] Author Vivian Wagner quotes me:

“The law empowers private litigants to enforce its terms without having to show that any consumer has been exposed to any material or substantial risk, let alone harmed,” Walter Olson, a senior fellow at the Cato Institute, told the E-Commerce Times. “As a result, entrepreneurial law firms roam the state identifying new, often far-fetched, unwarned-of risks and extracting cash settlements along with promises to warn from hapless defendants.”
via Overlawyered.com

High Court Upholds Ruling Ordering Removal Of Crosses In Utah: Thomas Writes Sole Dissent - Nina Totenberg NPR

The United States Supreme Court has let stand a lower court ruling that ordered the removal of 12-foot high crosses placed along highways in Utah to commemorate state troopers killed in the line of duty.
The court acted without comment, but Justice Clarence Thomas wrote a 19-page dissent.

Law Blog Holiday Special: Copyrighting Costumes - Law Blog - WSJ

(via Wall Street Journal Law Blog)
Happy Halloween, LBers. Let’s finish up with one last holiday-themed post.
The company that owns the intellectual property rights to the 1990s television show Mighty Morphin Power Rangers has filed a lawsuit against a website that sells chintzy, Ranger-like costumes. The Hollywood Reporter has the story here, and we’ve embedded the complaint below.
If you’re not familiar with the show, it’s about a group of average teenagers who “morph” into superheroes to fight evil. Each Ranger wears a color-coded battle suit from which they take their name.
The lawsuit filed by SCG Power Rangers accuses the website operator, Underdog Endeavors, of trademark and copyright infringement. Since June 2011, SGC has sent the website, mypartyshirt.com, several cease and desist letters, the company said in the lawsuit.

Sunday, October 30, 2011

If Google Told You To Jump Off A Bridge, Would You?

Gunter Ongway lives in a suburb of Dallas and does not have a car. In preparation for his fantasy football draft (which is to take place at a local restaurant), Gunter uses Google Maps to find walking directions to the restaurant. Directions in hand, Gunter sets out on his journey across town following Google’s directions carefully. However those directions lead Gunter to walk along a narrow six lane highway (without sidewalks) where he is struck by the side mirror of a passing vehicle. Gunter is injured badly and sues Google alleging that his injuries were caused by Google negligently providing him with unsafe directions. Does Gunter have a case?
Probably not. To prove a case for negligence in Texas, Gunter must first show that Google owed him a legal duty. In determining whether a duty exists, courts will look at many factors including the legal relationship between the parties, the foreseeability of injury, the likelihood of injury and other public policy concerns. In all likelihood, a court would find that no special relationship existed between Gunter and Google so as to impose a legal duty. As Google provides directions to Gunter as well as countless other users, the relationship between Google and Gunter is too attenuated to impose any duty on Google. Furthermore, even if Gunter was able to clear the duty “hurdle,” it is quite possible that a jury would find that his recovery was barred by his own negligence. In Texas, Gunter would be barred from a negligence-based recovery, if a jury found that his negligence (and failure to use common sense by avoiding a six lane highway without sidewalks) contributed to more than 50% of the accident. (via Tilting the Scales)

Your Social Media Addiction Is Ruining Your Marriage

Everyone has a Facebook account these days. In fact, my brother's cat has his own account (although his updates are sadly lackluster). But along with learning who recently ate a burrito for lunch, it turns out that Facebook and other social networking sites are being named as cause for ruining many marriages.
According to the American Academy of Matrimonial Lawyers, Facebook use is now cited in one in five of every US divorce cases. Over 80 percent of divorce lawyers claim that the rising use of social media has become the catalyst for extramarital affairs.
But really does Facebook cause divorce?

Saturday, October 29, 2011

Court of Appeals: Kentucky can credit 'Almighty God' for homeland security

The state can continue giving official credit for its homeland security to Almighty God, the Kentucky Court of Appeals ruled Friday in a decision overturning a lower-court ruling.
A three-judge panel, in a split decision, rejected the 2009 ruling of Franklin Circuit Judge Thomas Wingate, who declared legislation requiring credit to the Almighty to have “created an official government position on God.”
A group of 10 Kentucky residents filed suit to challenge the legislation in 2008, saying the laws creating an Office of Homeland Security violated the Kentucky and U.S constitutions’ bans on state-sponsored religion.
Virtually every state legislator, the attorney general and both major-party candidates for governor had weighed in on the case, supporting the law with legal briefs or public statements of support.
Judge Laurance B. VanMeter wrote in his majority opinion that the appeals court disagrees with Wingate’s “assertion that the legislation seeks to place an affirmative duty upon the Commonwealth’s citizenry to rely on ‘Almighty God’ for protection of the Commonwealth.”
“The legislation merely pays lip service to a commonly held belief in the puissance (power) of God,” VanMeter said in an opinion joined by Judge Thomas Wine. “The legislation complained of here does not seek to advance religion, nor does it have the effect of advancing religion, but instead seeks to recognize the historical reliance on God for protection.”
Such a reference couldn’t be unconstitutional, the opinion added, because “that rationale would place this section at odds with the (Kentucky) Constitution’s Preamble,” which itself thanks “Almighty God” for the welfare and freedom of the commonwealth.
At issue are two related laws passed in the wake of the Sept. 11, 2001, terrorist attacks.
A 2002 “legislative finding” said the “safety and security of the commonwealth cannot be achieved apart from reliance upon Almighty God.”
And a 2006 act creating the state’s Office of Homeland Security requires its executive director to publicize this “dependence on Almighty God” in agency training and educational materials and through a plaque at the entrance to its emergency operations center.
Read More...

Friday, October 28, 2011

Woman in custody after reportedly attacking man with knife while playing Monopoly

Laura Chavez did not pass go. She did not collect $200.
Instead, Santa Fe County Sheriff's deputies took the 60-year-old directly to jail after they say she repeatedly stabbed her boyfriend Wednesday after arguing during a game of Monopoly.
Police responded to a stabbing call at 1:21 a.m. Wednesday in the Casa Villita Apartments, 3330 Calle Po Ae Pi off Airport Road in southwest Santa Fe.
Deputy Kurt Whyte arrived at the apartment where he says he found the 48-year-old male stabbing victim, "bleeding heavily from his head and right wrist area."
Chavez, who police say admitted stabbing the man with a kitchen knife, was arrested and charged with aggravated battery on a household member with a deadly weapon, battery upon a peace officer, assault upon a peace officer and resisting or evading a police officer. She remained jailed late Wednesday in lieu of a $5,000 surety bond, according to an online jail database.
Her boyfriend, meanwhile, remained hospitalized late Wednesday but was in stable condition, according to Lt. Adan Mendoza.
Police say both Chavez and her boyfriend appeared to be intoxicated.
According to the statement of probable cause filed for Chavez's arrest drafted by Detective Andrew Quintana, Chavez and her boyfriend were playing a late Tuesday night game of Monopoly with her 10-year-old grandson. The young boy told police the couple began fighting because his grandma thought her boyfriend was cheating at the classic Parker Brothers game.
Read More...

Thursday, October 27, 2011

Don't put your pistol in your pants:

A Waikato man who shot himself with a pistol down his pants was lucky he didn't hit an artery and die, police say.
The 35-year-old shot himself while trying to hide a gun from police while returning from possum-hunting with his brother on Friday night.
The man did not have a licence for the .22 pistol he had in his pants and was attempting to get rid of it before police saw it, Sergeant Jim Corbett of Thames Strategic Traffic Unit said today.
Officers were called to reports of shots being fired on a farm at Waitekauri, between Waihi and Paeroa, about 9.40pm on Friday, Mr Corbett said.
Police set up a checkpoint to stop cars coming down Golden Cross Road, when the man and his brother pulled up in a van.
"He'd got out of the car and he'd been trying to get the pistol out of where he'd had it positioned it in his trousers, and it went off. After he shot himself he managed to throw the gun over into the scrub."
"He went to the ground and the officers sorted out his wound while they were waiting for the ambulance to come....He was losing quite a bit of blood to start off with. He was conscious throughout and left in the ambulance."
Mr Corbett said the man was in shock and a lot of pain after he realised he'd shot himself in the upper thigh with the pistol in his pants.
"He was very lucky because if he'd hit the main artery, he could have very easily bled out and died."
Read More

Commission recommends removal for New York judge

An upstate judge who presided over eight cases involving his girlfriend's relatives should be removed from office, the Commission on Judicial Conduct has concluded.
Lafayette Young Jr., a town justice in St. Lawrence County, not only failed to disclose his relationship with Robyne Petrie-Platt in seven of the matters, but on several occasions discussed pending charges against his girlfriend's relatives with them and his girlfriend.
Read more

Animal rights group's suit to allege Sea World is keeping orcas in slavery

People for the Ethical Treatment of Animals plans Wednesday to sue Sea World for allegedly violating the 13th Amendment to the U.S. Constitution -- which bans slavery -- by keeping orcas at parks in San Diego and Orlando, Fla., organization officials said Tuesday.
The lawsuit, set to be filed in San Diego federal court, is considered the first of its kind and, if successful, would represent a large enhancement of the animal-rights movement. Part of the lawsuit asserts that it is illegal to artificially inseminate the females and then take away their babies.
Sea World officials dismissed the lawsuit as a publicity stunt. PETA routinely pickets the park on Mission Bay.
The lawsuit seeks the release of three orcas (also called killer whales) from San Diego and two at Orlando. "All five of these orcas were violently seized from the ocean and taken from their families as babies," said PETA President Ingred Newkirk.
PETA officials note that the 13th Amendment prohibits slavery but does appear to limit the ban only to human beings. "Slavery is slavery," said PETA general counsel Jeffrey Kerr.
Kasatka, Corky and Ulises are at Sea World San Diego, Tilikum and Katina at Orlando. Tilikum, a six-ton male, grabbed a trainer in February 2010 and dragged her to the bottom, where she drowned.
In a statement, Sea World said that extending constitutional rights to killer whales "is baseless and in many ways offensive" and that "there is no higher priority than the welfare of the animals entrusted to our care."
(Los Angeles Times)

Wedding guest pilfered pocketbooks at reception, cops say.


PUTNAM VALLEY - A Yonkers woman faces felony larceny charges after she stole items from the pocketbooks of women at a wedding reception where she was a guest, police said.
Deputies responded to the reception at the Lake Peekskill Community Center in Putnam Valley about 10 p.m. Saturday after several guests reported that items, including credit cards, cash, cosmetics and a cell phone, were missing from their purses, police said.
When Deputy John Cihanek responded, several guests pointed out a woman they suspected of stealing the items, police said.
Investigators James Babcock and John Alfano determined that Elsa Rivera, 54, of 33 Lockwood Ave., Yonkers, was responsible.
Police recovered the stolen items and charged her with fourth-degree grand larceny, a felony. She was sent to the Putnam County jail on $15,000 cash bail.

Friday, October 14, 2011

Camera Wars at Protest - WSJ.com

Camera Wars at Protest - WSJ.com: As New York City police arrested two Occupy Wall Street protesters Wednesday, a group of fellow demonstrators immediately encircled the scene, many holding up their camera phones.

Thursday, October 13, 2011

Legal Antics: It's a common mistake..

Your Head Lincoln's Body = Instant Credibility

Sure, you could spend years actually developing a reputation for trustworthiness and plain-spoken honesty, or you could just Photoshop your head onto the body of somebody who's already done that.









This lawyer in the Philadelphia area has chosen the more direct route.
I don't think there are any ethical problems with this advertisement, assuming it doesn't mislead people by falsely implying that the lawyer specializes in a particular area, like maybe rail-splitting or suspending the writ of habeas corpus. Otherwise, it may be tacky, but there's no First Amendment exception for tacky.
(via Lowering The Bar)