Fake Lawyer To Get the Max

Back in April I told you about the fake lawyer, Howard Kiefer (pic) who presided over among numerous matters, the conviction of "his client"Gwen Bergmans' murder for hire prosecution.  What I found astounding back then was the refusal of the trial judge in that case to immediately vacate the conviction under the 8th amendment provision of the US Constitution providing for (actual) representation by counsel. 

Over the weekend the Denver Post reports that the US District Judge with jurisdiction in Kiefer's prosecution has informed his attorneys and Kiefer that she plans to go maximum on his Bad Lawyer-ass.  This is Felisa Cardona's story in the Post:

"U.S. District Judge Christine Arguello told fake attorney Howard O. Kieffer on Wednesday that, given his 30-year criminal history, she intends to send him to prison for longer than is recommended by sentencing guidelines.

Kieffer, 54, was convicted in April of wire fraud, making false statements and contempt of court. The con man pretended to be a licensed criminal attorney and represented an Aspen woman during a trial in Denver's federal court. Gwen Bergman was accused of trying to hire a hit man to kill her son's father, and her family hired Kieffer for nearly $70,000. 

A check of federal records found Kieffer represented at least 16 clients in 10 different federal jurisdictions since 2004. He was caught in 2008.

'The roots of your scheme and your conduct throughout the years has been nothing but deception,' Arguello said. 'You used your knowledge of the court system to take advantage of the system, those families and the courts.'

Arguello read from a long list of Kieffer's crimes, dating to 1976, when he was 20 years old and in possession of 20 pieces of stolen mail containing about $20,000 in checks. Later that year, Kieffer was caught with a bad check and given 12 months of probation. He was also convicted of driving under the influence.  In 1983, he pleaded guilty to grand theft because he misused an employer's credit cards. Two years later, he made up a false deed of a deceased woman's house and used it to take out loans on the property.

By age 33, Kieffer found himself in federal prison for five years after filing false tax returns.  Arguello said she doesn't believe the federal sentencing guidelines are sufficient in Kieffer's case.  The guidelines suggest Kieffer spend 60 months in prison at the same time as an 51-month prison sentence he is serving for the same criminal conduct out of North Dakota.

Arguello intends to sentence Kieffer to prison time consecutive to the time he is already serving. The judge asked Kieffer's attorney, Nathan Chambers, and Assistant U.S. Attorney Stewart Walz to submit briefs of their position on her intentions for a tougher prison term.  Sentencing is set for [August.]
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I like how Judge Arguello talks about the "roots" of Kiefer's crimes being deception.  I feel that the Judge chose an apt metaphor applicable to each of our lives, certainly, mine.  What are the roots of your life?  Who planted the seeds?

Federal Judge to Sheriff: You are Ordered To Take a Class on the US Constitution, Especially that Part on Free Speech

Here's a rare and fascinating story from Iowa.  A U.S. District Judge has ordered a local Sheriff to take a class on the first amendment after denying a concealed weapon permit to a local activist.  This is a remarkable story which I found at the Sioux City Journal website written by Russ Oechslin:

"U.S. District Court Judge Mark W. Bennett (pic, left) has ordered Osceola County Sheriff Douglas L. Weber to issue a gun permit to a resident and to complete a college-level course involving the First Amendment. Bennett’s written decision on Wednesday involves the case of Paul Dorr, (pic, right the caption is not mine) of Ocheyedan, who was denied a permit to carry a concealed weapon. Dorr and his son, Alexander, were denied gun permits after being engaged in extensive First Amendment activity -- protesting, passing out leaflets and writing letters to the editor -- the opinion notes.

'The court finds a tsunami, a maelstrom, an avalanche, of direct, uncontroverted evidence in Sheriff Weber’s own testimony to conclude beyond all doubt that he unquestionably violated the First Amendment rights of at least Paul Dorr,' Bennett wrote in his ruling.

Dorr said Wednesday that he was pleased 'justice is served. I get my permit back and the sheriff is being sent back to school. The harm done by Sheriff Weber against the 6th and 9th commandments has been made right.'

The elder Dorr had been issued a concealed weapons permit from the late 1990s to 2005. But his July 7, 2007, application for a permit was denied. His son’s was denied a year later, when he was 18 years old. Weber’s reason for disapproving the application was, 'concern from public. Don’t trust him.' The following year Weber also denied Alexander Dorr’s application for a permit and informed Paul Dorr that he would deny any further applications from him.

Weber testified that he had heard people refer to Paul as 'a whacko, delusional, a nut job, a spook, and narcissist,' Bennett’s decision noted. “Regardless of the adjective used to describe Paul, however, Sheriff Weber stated that Paul’s ‘lousy’ reputation was due to his political activities of writing letters to the editor and distributing fliers.' The ruling continued, 'Giving Sheriff Weber more deference than is due his elected status, the court finds that Sheriff Weber denied Paul’s application for a concealed weapons permit not because of the content of his First Amendment activity but because it was effective and agitated many members of the local community.' And, Bennett said, 'In denying Paul a concealed weapons permit, Sheriff Weber single-handedly hijacked the First Amendment and nullified its freedoms and protections. Ironically, Sheriff Weber, sworn to uphold the Constitution, in fact retaliated against a citizen of his county who used this important freedom of speech and association precisely in the manner envisioned by the founding members of our nation ...In doing so, this popularly elected Sheriff, who appears to be a fine man and an excellent law enforcement officer, in all other regards, blatantly caved in to public pressure and opinion and, in doing so, severely trampled the Constitution and Paul’s First Amendment rights to freedom of speech and association. This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views.'

Bennett required Weber take a class that must be a college-level course on the United States Constitution, 'including -- at least in part -- a discussion of the First Amendment.' And Bennet said, Weber must obtain approval from the court before participating in the class. Upon completion of the class, Weber must also file an affidavit with the clerk of court showing successful completion with a passing grade."

Throw Away the Key-An Update!

Early in November of last year I reported on Bad Lawyer about Graham v. Florida.   I am happy to provide you with the update, that the US Supreme Court today held that life sentences for children in non-murder cases violates the 8th amendment prohibition against "cruel and unusual" punishment.   Since the US Supreme Court so rarely finds anything "cruel and unusual," this is an encouraging sign that the 8th amendment still means something. 

Flying the Flag Upside Down, That's a Prosecution!

The Bad Lawyer is a US Army veteran, a child of the Eisenhower era, and a politically centrist guy.  I believe in obeying even laws I disagree with, not taking what's not mine, and reporting and paying taxes.  I fly and American flag, and I am very proud to be an American.  Without a doubt I believe in the ideals of our Constitution.  So this story from the Pittsburgh Trib website about the prosecution of a local man for flying a "flag upside down,"  has me wondering what the hell is going on.  Here's the article by reporter Bobby Kerlick:

"A Butler County district judge issued an arrest warrant Tuesday for a man who failed to show up for a hearing on a charge of flying an upside-down American flag. State police in November charged David M. Rice, 50, of Muddy Creek with committing insults to a national or commonwealth flag after a passing motorist called to report the flag was inverted.  Rice was scheduled for a preliminary hearing this morning before District Judge Clifford Woessner.

The little-used criminal charge is a misdemeanor that experts said exists in a gray area of law, and sparked a federal lawsuit in Eastern Pennsylvania in 2008. Rice said the flag display wasn't intended as a political statement or meant to offend anyone. He said it was windy when he put the flag up.  According to a police affidavit, Rice was irate, yelled profanities and stepped toward a state police officer who knocked on his door about the flag. The trooper pushed him back and arrested him."
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First, you must show up for court.  Not showing up tends to piss off the Judge and will get you arrested.

Secondly, how is this criminal statue constitutional?  The last time I looked at the U.S. Constitution, rights were conferred on citizens, not objects or symbols.  The right of Free Speech is conferred on people not national flags.  Here, we have a guy who claims he was trying to exhibit his national pride by flying a flag, albeit, sloppily--what sort of appropriate criminal justice/state action  supports a shouting, shoving and summons? 

Sheriff Joe Arpaio--What a Tool-Part Two

When we last talked about "America's Toughest Sheriff," Maricopa County Arizona Sheriff Joe Arpaio,  was standing by his sheriff deputy Adam Stoddard.  That moron who was caught on camera rifling a defense attorney's brief case, photocopying documents pilfered from the lawyer's file, and giving it to the prosecutor.  The properly enraged Superior Court Judge ordered Stoddard to apologize publically for the flagrant violation of constitutional rights of the accused.  The deputy backed by Sheriff Joe refused and  the deputy was jailed on contempt of court charges.

Yesterday, Arpaio's boys staged a solidarity sick-out and some asshat--likely a sheriff's deputy, although this is not confirmed--called in a bomb threat.

America's toughest Sheriff, is a crybaby.  So are his deputies.  Maricopa County, Arizona--you elected this cowboy; he hires and supervises your deputies--you are getting what you deserve.  Congratulations.

Laurie Roberts, a columnist with the Arizona Republic has more on Arpaio and his carnival.  See:  http://www.azcentral.com/members/Blog/LaurieRoberts/68703

Huh?!

See:  http://www.bostonherald.com/news/regional/view/20091126wife-killing_tranny_denied_electrolysis_for_time_being/

Robert "Michelle" Kosilek murdered his wife.  "Michelle" lives as a woman in an all-male prison.  He's suing the department of corrections in Massachusetts for denying him further electrolysis treatments, and while the Judge upheld the denial of further hair removal procedures (he's already received 7 at $500 a piece, thak you taxpayers of Massachusetts), the Judge criticized the Department of Corrections saying they were dangerously close to engaging in "cruel and unusual" punishment violative of the 8th amendment o fthe U.S. Constitution.

I doubt that anyone thinks of me as being terribly illiberal, but every once in a while something comes across my radar screen that reminds me that there is a reason so-called liberal judges earned a bad name.

Then there is the other side of the coin the Judge who throws the book,  on this occasion let's thank the Judge.  Prentiss R. Fulton earned a trip to the Big House for double murder, robbery, and shooting and stabbing his partners in crime. The Kansas Judge Larry D. Harman felt that two consecutive life terms plus 495 years was just about right..  This is a guy we can only hope never gets out.

http://www.kansascity.com/news/breaking_news/story/1593545.html