Articles Posted in Criminal Procedure

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A lawyer for convicted murderer Sirhan Sirhan claims his client was brainwashed the day he shot then presidential candidate Robert F. Kennedy in a hotel kitchen in 1968. After giving a speech at a Los Angeles hotel, Kennedy was escorted through the kitchen when he was fatally shot. Many witnesses identified Sirhan as the lone shooter. He even confessed to killing RFK during his trial. Today, 43 years after the shooting, Sirhan claims he does not remember shooting anyone, reports a New York Criminal Lawyer.

During his next parole hearing, Sirhan’s lawyer plans to offer an alternate theory of the crime. His lawyer will try to convince the parole board that there was a second shooter. The lawyer even claims to know who the second shooter is. This shooter fired the bullet that actually killed RFK. Kennedy was shot at close range behind the ear. Sirhan’s lawyer claims Sirhan was in front of RFK the entire time and in no position to shoot him at close range. There is evidence, however, that shows Sirhan fired randomly into the crowd emptying his gun. One of those shots could have ricocheted and hit Robert F. Kennedy behind the ear. Forensic evidence gathered after the murder suggests only one gun was used and that it was in the hands of Sirhan Sirhan and not anyone else.

Sirhan’s lawyer will also suggest that Sirhan was brainwashed into firing shots at Kennedy to distract the crowd while the real shooter killed Kennedy, explains a New York Criminal Lawyer. It is uncommon for a convicted criminal to offer new theories about his case during a parole hearing. In most cases, parole boards are only interested in hearing how the person has changed or whether they are truly remorseful for their crimes. It is unlikely that Sirhan Sirhan will admit any remorse since he claims he doesn’t remember shooting Kennedy.

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Testifying before a Connecticut State Legislature committee, a widower was finally allowed to tell his story about how his wife’s psychiatrist had contributed to her suicide more than seven years before, a New York Criminal Lawyer learned. This 46-year old man claims that after taking antidepressants the psychiatrist prescribed, his wife had suicidal thoughts. He went on to say that, her psychiatrist literally ignored his calls as he tried to get her help. His 46-year old wife eventually backed her car into the couple’s garage and left the engine running. Her death was a suicide by carbon monoxide poisoning.

While his wife’s former psychiatrist and his license remain in good standing in the state of Connecticut, and his attorney flatly denies the allegations, the husband of the dead woman has been on a quest ever since his wife passed away. He has had legal representation part of the time, most of his lawsuit attempts at the doctor have been pro se, which means he has been representing himself.

He has spent many hours at courthouses and legal libraries in order to prepare himself as to what he needed to do on his mission, as well as what would be expected of him. As part of his journey through the legal maze that he faced alone, he has filed numerous motions and legal briefs, and has most of them dismissed even without the judge allowing any arguments. Undaunted, he had his day to speak about his loss and his quest to a group of lawmakers who are looking to change the way the system treats those who represent themselves in malpractice lawsuits. During his testimony he was allowed to exceed his three-minute time to speak allocation because of his compelling story that lawmakers and attorneys alike had either already heard of, or were intrigued by.

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A Kane County judge found an Elgin, Illinois man guilty of aggravated DWI and unlawful use of a deadly weapon. He was also found guilty of violating an order of protection. The judge dropped the most severe charge of armed violence and harassing a witness charge, a New York Criminal Lawyer was told.

The police were called to the residence of the 32-year-old man’s former girlfriend’s residence. They found the man asleep in a Jeep with a butcher knife outside the apartment complex at 2:45 a.m. April 7, 2010. The woman called the police because the man had knocked several times throughout a four-hour period. She never answered the door. Instead, she hid in fear until he went away.

At the trial, the police officers, who responded to the 911 call, testified that the man appeared intoxicated. He threatened his former girlfriend, one of the police officers said in court. At the time of the incident, he had been released on bond for an arson charge where he set fire to a house where one of his children, who was two-years-old, was inside. The child was not injured. The home belonged to his parents.

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An Alexandria Police Department detective faces driving under the influence charges after he was involved in a single car accident. He crashed his city-issued vehicle into a concrete pole. The car was provided to the department with taxpayer money. The accident happened at the corner of Gibbon and South Patrick Streets in Alexandria, a New York Criminal Lawyer was told.

The detective, who was off-duty at the time of the accident, refused to take a breathalyzer test when the police arrived about 6:30 p.m. Saturday at the accident location. He is also facing charges of unreasonable refusal for rejecting the breathalyzer test.

The mayor of the city said the incident could not be tolerated. “It doesn’t represent the characteristics of the hundreds of outstanding men and women of our police department. Hopefully, this is just an isolated incident,” said the mayor.

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A New York Criminal Lawyer has learned that three additional District of Columbia police officers have been arrested as part of an Internal Affairs corruption probe. These arrests happened just one day after another D.C. police officer was arrested as part of an unrelated investigation.

The three officers were arrested at the 4th District station following their purchase of electronic equipment that is believed to be worth several hundreds of thousands of dollars. The officers believed the equipment was stolen. Although the investigation is continuing, it does not appear that the officers were working together as part of a larger conspiracy.

D.C. officials report that the arrests are part of a two-month investigation that is part of an overall 18-month initiative, which has sought to rid the police department of any officers that are either corrupt or dishonest. The officials went on to say that, many of the hardworking men and women of the D.C. Police Dept. are devastated that there were those within their ranks that brought reproach to their department.

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A man was arrested for DWI after allegedly striking objects and vehicles in a trailer park.

The local 911 office received several calls from trailer park residents about a driver in a white Ford truck striking, fencing, an electrical box, power lines and other vehicles. When officials arrived on the scene, they observed the white truck driving southeast without headlights in a field. When the truck stopped, deputies discovered the driver had abandoned the vehicle.

After searching the area, deputies found the 41 year-old man 300 yards from the abandoned truck. He was hiding in a ditch. The man stumbled out of the ditch mumbling that someone had slipped something in his drink and it was making him act crazy. Officials observed that the man seemed extremely intoxicated and discovered a rifle the man had left behind in the ditch, stated a New York Criminal Lawyer.

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A driver, police believe was driving drunk, will face charges after her 17-year-old passenger suffered severe injuries from the crash. The 22-year-old woman driving crashed into a tree, a New York Criminal Lawyer was informed.

Police were called to the scene of the accident around 2:40 a.m. Sunday. The 17-year-old male passenger was unconscious when officials responded. He had visible facial injuries. The accident happened in Morgan Hill, California.

The driver is not the only person believed to have been drunk during the time of the crash, the minor was believed to have been under the influence too, as police officers reported to a New York Criminal Lawyer. A helicopter transported the 17-year-old male to a nearby hospital in California. At this time, the male is in critical condition, but the hospital was not able to go into any further detail about his health.

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Currently in the state of New York, there is an interesting dynamic happening in the medical field regarding awards given to victims of medical malpractice.

Many representatives of hospitals are arguing in favor of “caps” for financial compensation awarded to victims of alleged medical malpractice, in response to malpractice lawsuits. A New York Criminal Lawyer notes that one of the main reasons for their argument is the correlation between high malpractice awards and high costs of medical care to the average patient. The hospitals and doctors that are fighting for these malpractice award caps are also directly correlated to the increased need for “defensive medicine”, which includes certain medical procedures and tests which might normally be deemed unnecessary, were it not for the extra care given to patients out of fear of malpractice accusations.

On the opposite side of the spectrum, as observed by a New York Criminal lawyer, are consumer advocacy groups and attorneys, who claim that award caps for medical malpractice are detrimental to the interests of patients. They continue with a positive reason for keeping caps off of malpractice award suits by stating that when it comes to long-term care, cap-less awards act as an important element for the well-being of the patients. Furthermore, they maintain that hospitals do not usually pay such malpractice awards out of their own pocket; in fact, the insurance provider usually takes care of such claims, although insurance premiums have steadily increased in recent years.

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A recent concern has been raised regarding side effects and unintended release times of over-the-counter cough and cold medicines that are not approved by the FDA.

As discerned by a New York Criminal Lawyer, the U.S. Food and Drug Administration has deemed over 500 name-brand, over-the-counter drugs as sketchy at best, stating that they should not be on the market at all. One of the primary concerns is in regards to the claims of the drug’s reaction upon human consumption. On the one hand, some of the cough and cold products release the primary active ingredients much to quickly; it has been noted that one product in particular releases the active ingredient within 30 minutes of consumption, rather than the 8-12 hours advertised on the package. Other products err on the opposite side of the spectrum, releasing the main ingredients much slower than advertised.

A woman who serves the Center for Drug Evaluation and Research as director of compliance expresses her concern regarding these products by saying, “We don’t know what’s in them, whether they work properly, or how they are made.” The arbitrary nature of the OTC drugs has also raised concern among notable physicians. A professor of family medicine from the University of Michigan stated he’s “quite certain that very few physicians are aware of them being unapproved, and would be as surprised as I was to hear that there were unapproved drugs on the market at all.” A Long Island Criminal Lawyer notes that some of the specifics of these unapproved and potentially dangerous drugs include the combining of two or more active ingredients such as antihistamines, which are sometimes known to over-sedate a patient.

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A twenty year-old man from Macomb faces charges for driving under the influence, marijuana possession, and a possible charge for contempt, as he spit on the floor in the courtroom during his hearing. The Illinois State Police arrested the accused early on Sunday, where he was driving with a suspended/revoked license, found to be in possession of marijuana, and driving under the influence of drugs.

Since the man failed to appear in court in the past, he is also wanted in the state of Tennessee. His hearing was held on Monday at the McDonough County Circuit Court, where in order to be released he would have to post $450 to make bail, but he claimed that he could only account for $300 total. The man seemed outwardly troubled, as he shared about the difficulties of traveling place to place, and struggling with family problems. A New York Criminal Lawyer expounds, that while the man was walking toward his seat in the courtroom, he allegedly spit on the floor, and was later questioned by the Sheriff’s deputy as to whether this was an accident or not.

After the accused was dismissed, an assistant county prosecutor filed an appeal that the act of spitting was a direct sign of contempt toward the court. No ruling has been made yet, regarding the petition against the accused for spitting on the floor. The man is currently residing in the McDonough County Jail, until his next hearing on Wednesday.

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