Tuesday, October 19, 2010

Cuyahoga County Corruption Rears Its Ugly Head In Cross-Examination of Coroner


Cleveland Plain Dealer crime reporter Leila Atassi has this account of the murder trial of Matthew Warmus (pic, with legendary Cleveland attorney Edward LaRue) who by various accounts gunned down a parking lot attendant either in self-defense or in some sort of rage over a parking spot depending on who you believe.

"Lawyers for a man on trial for aggravated murder departed from questions about gunshot wounds at today to ask Cuyahoga County Coroner Frank Miller whether his relationship with Prosecutor Bill Mason's office compromises the scientific integrity of his work.   Miller did not have to answer the question. Common Pleas Judge Daniel Gaul sustained a prosecutor's objection to the question posed by attorney John Pyle, which drew on recent headlines that Mason influenced Miller's decision to hire the prosecutor's friend and political ally Patrick Coyne as his top aide.

Pyle and attorney Edward LaRue are representing defendant Matthew Warmus, who is accused of killing parking attendant David Williams -- shooting him twice in the abdomen and once in the head -- during an argument over a parking space before a Cavs game in April.

Warmus claims he acted in self-defense when he retrieved .40-caliber gun from his car and fired on Williams.

An emergency medical responder testified this morning that Williams was wearing an empty gun holster beneath his orange parking vest and insulated jumpsuit, but he did not recall seeing a gun that could have belonged to Williams lying on the ground as some crime scene photos depict.

Prosecutors called Miller among their first witnesses to describe his autopsy of Williams, photos he took of the victim's gunshot wounds and the coroner's homicide ruling.   Miller testified that two bullets entered Williams' abdomen near his belly button and exited from his lower back and right hip. Another entered behind his left ear, severing his brain stem and lodging in his face beneath his right cheek bone. Williams also had a wound on his left wrist that could have been caused by a bullet grazing the skin, Miller said.

[Defense attorney] Pyle began his cross-examination by asking about the gunshot wounds and whether Williams could have continued clutching his gun until he was shot in the head. Miller said it was a possibility. Pyle then asked whether the fact that the coroner's office is funded by the state could compromise the integrity of his work. When Miller said no, Pyle asked Miller if he works closely with [disgraced prosecutor Bill] Mason and whether the prosecutor recommends personnel for Miller to hire.

After Gaul sustained Assistant County Prosecutor Aaron Brockler's objection, Pyle asked Miller if he had ever been called to testify for the defense at trial.   Miller said, "Maybe once."

Miller told Plain Dealer reporters Sept. 8 that Mason and his chief trial lawyer, Steve Dever [put the major squeeze on the Coroner to hire Mason's pals and], told him to hire [a local politician and friend of Mason, Pat] Coyne in exchange for help with his political campaign.   Mason and Dever deny the accusation.  Miller also accused Coyne of pocketing thousands of dollars in campaign cash solicited from other coroner's office employees. The coroner fired Coyne less than two weeks ago, rescinded the termination letter, then fired him again this week, effective Friday.

Miller's spokesman, Powell Caesar, said Coyne ultimately was dismissed for budgetary reasons.  Cuyahoga County Public Defender Robert Tobik said last week that he did not expect the suggestion of impropriety in hiring decisions to prompt more defense attorneys to challenge work performed by the coroner's office.

Typically, the work done in the coroner's lab is based on hard science and is separate from the administrative function that Coyne served, Tobik said. If defense attorneys feel they have reason to challenge lab findings, they are always free to request independent testing, he said."
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Here you have excellent criminal defense attorneys seizing on startling revelations that local corrupt politics have also tainted the objectivity of the important function of the elected-Cuyahoga County coroner.  The sheer scale of the bleeding in this county is breath-taking. 

Federal Prosecutor Won't Be Charged in Indecent Exposure Incident--Insufficient Evidence

Sean Cronin (pic), a federal prosecutor was arrested for exposing himself at a Miami River Bar but local prosecutors have elected not to charge him based on "insufficient evidence." 

The story is at the Miami Herald. 

Setting aside the seriousness of the alleged incident, when charged with indecent exposure I'm not sure you want it publicly said that there is "insufficient evidence."

North Miami Mayor "Forgets" Who Gave Him the Porsche


Fred Grimm at the Miami Herald has this magical story of the North Miami mayor who "forgot," who actually gave him the Porsche he's been driving around.  Nice.

Falling Out of the Material World

Dennis "Denny" Hecker (pic, below right), was a Minneapolis car dealer.  This was the big local guy.  Every city or region has one or more of these guys (they have always been men, in my experience--although didn't Marge Schott operate a Cincinnati dealership?) Their last names are ubiquitous with various models of cars.  They might do their own (grating) commercials.  In gridlock traffic you stare at their nameplates on the back of automobiles in front of you. 

Here in OurTown, there are several names that have been reverberating on teevee and radio since I was child, now the third or possibly the fourth generation of that name is hawking cars on cable.  One of these dealers thinks being car dealer qualifies him to be in Congress and is the nominee of the Tea Party--that ought to tell you something about the credibility of the Tea Party.

I digress, back to Denny Hecker.  Hecker hit the skids around the same time as the Scott Rothstein ponzi scheme was in the news; and I made the decision that Rothstein's collapse was more interesting in part because Rothstein was a lawyer and especially because of all the politicians who were taking Rothstein's dime (ahem, McCain, Crist, and so many others.)  What Hecker and Rothstein have in common was the near simultaneous publicity surrounding the sale of their bullshit-material acquisitions, cars, yachts, wet bars.  In Hecker's case they sold off his life-size porcelain Elvis. 

Hecker's problems are in many ways more accessible to all of us.  He got in over his head.  Way over his head.  Ultimately, Hecker filed a bankruptcy petition trying to discharge three-quarters of a billion dollar in debt arising out of personally-guaranteed loans to his various businesses.  The bankruptcy "discharge" (official foregiveness of debt) was denied based on evidence of criminal fraud. 

During all this Hecker's various problems were aggravated when he was unable to give up the affluent lifestyle.  Even with federal bankruptcy judges and prosecutors breathing down his neck Hecker continued his county club dining and private schools for his children.  Since June of 2010 Hecker is alleged to have received and spent $200,000.  The authorities suspect, according to numerous stories at the St. Paul Pioneer Press and Minneapolis Star Tribune, that Hecker is hiding assets. A girlfriend was busted, doing precisely that.  She admitted to sheltering money he gave her when questioned by federal investigators.

Yesterday, a federal judge put Hecker in the slammer.  Here's the story from TwinCities.com--which has a comprehensive archive of Hecker stories.   You can also read a Wall Street Journal article detailing aspects of the bankruptcy proceedings.

My family is embracing our fall out of the material world, as I have discussed previously on Bad Lawyer.  I woke up Tuesday morning feeling a lot like a drowning man, or maybe like Jonah in the belly of the Leviathan;  pretty dark and hopeless.  When you are caught in the maw of the justice system, right or wrong, you are thoroughly chewed.  As a lawyer I should have known that this is how it would feel.  I'm aware that my actions caused this sort of distress for others over three decades.  So while I can assure you that guys like Hecker and guys like the Bad Lawyer, brought these events upon ourselves, it is no less agonizing.

Hecker wanted, among other things, to pay his kids tuition at the school his kids were already attending; I'd like to provide a safe and familiar place for my pregnant teenager to bring her baby home when she delivers him in January.  You see, I fully understand what motivated Hecker's conduct as outlandish as it may seem.  We live in a material world. He was out of control, I was out of control--it's merely a matter of scale. 

I pray that my family survives this fall, I hope my children can draw the most important of all lessons:  the material world is an illusion.

Judge Sharon "Killer" Keller: "I Won!"

Mary Alice Robbins at Texas Lawyer (a publication of Law.com) has this interview with Texas Criminal Court of Appeals Chief Judge, Sharon Keller, who proclaims herself completely exonerated following the eleventh-hour dismissal of ethics charges.  The charges against Keller included, Judge Keller's refusal to hold open the clerk's office for the late-filing of a motion to stay of execution of a Texas death row inmate executed later that evening. 

As you will recall Judge Keller had an appliance repairman to attend to; while the ;lawyers for the late Michael Richard's lawyers' struggled with balky technology, occasioning their late arrival at the clerk's office. 

Dante describes a place where judges like Sharon Keller will find themselves, if not in reality, metaphorically, Judge Keller is already there.  I wouldn't be surprised based on the remarks to the reporter from Texas Lawyer, that Judge Keller already knows.

Frontline: The Execution of Cameron Todd Willingham Examined


Mike Hale at the New York Times reviews the Frontline documentary on the Cameron Todd Willingham execution, the so-called forensic science, and other issues that scream out in the aftermath of this fine piece of Texas "justice."  As both the NYT review and the Frontline episode, “Death by Fire,” tonight, make clear, it isn't over. 

Sunday, October 17, 2010

If I showed You the Evidence, I'd Be Guilty of Distributing Child Porn


The Rapid City Journal has this remarkable report relating to a prosecutor's refusal to turn over images to the defense counsel in a child porn case because as this post header says, the Prosecutor claims it would be an illegal distribution of child pornography.:

"Releasing evidence to a defendant's attorney would make her guilty of distributing child pornography, prosecutor Laura Roetzel said Wednesday.

Pennington County's chief deputy state's attorney has refused to hand over copies of photo evidence in the case against John Rolfe to his attorney.  Rolfe, 59, is accused of three counts of first-degree rape and 12 counts of the manufacture, distribution and possession of child pornography. He is being held in the Pennington County Jail on $1 million bond.

Both state and federal statutes prevent her from releasing the information, Roetzel said. 'I would be guilty of disseminating child pornography,' Roetzel said.

Rolfe's attorney is free to examine the evidence in the Pennington County State's Attorney's Office, which is a common practice in these cases, Roetzel said.

During Wednesday's hearing, Roetzel announced that she plans to ask the court to permanently suspend Rolfe's telephone privileges. Roetzel said later that Rolfe is making harassing telephone calls to people who are peripherally involved in the case.  Roetzel and Rolfe's attorney will present their arguments at a motions hearing at 9:15 a.m. on Nov. 1."
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Seems to me that an argument exists that the defendant has a de facto deprivation of due process claim.  For one thing, without knowing more about the specific facts of this case, we can point to at least one situation over the last year where a defendant, facing 20-years, was able to prove that the alleged "child" in alleged child pornography video was an adult.   One could conceive of the situation where absence some prolonged access to such material would deprive the defense counsel of the ability in a similar fashion to explore this defense.  Furthermore, there is the question of chain of custody, possession of the "evidence" might permit testing or other forms of examination to establish manipulation of the images, or a source or custody other than the defendant.

I know that I previously related the case involving my client, a 17-year old male high school special ed student and star athlete, who was sexually exploited by his female substitute teacher.  In fact my client fathered a child with this educator; although his lawsuit brought after his 21st birthday was tossed by the civil courts because of the restrictive OurState statute of limitations

Unfortunately, the parents of my client turned over numerous photographs on CD-ROM constituting evidence of the crimes against their son.  These were rank sex images of this teacher having sex with my client and other teenage boys.  In turn I provided these images to the prosecutor who convened a Grand Jury.  Who got indicted?  My clients.  Yes, my clients: the parents, (as an aside I should have realized that my career was swirling down the drain),--why?  The prosecutor accused my clients of possession of child pornography!  The charges were subsequently dismissed, but not before these poor folks were humiliated in the press, had to hire a criminal defense counsel and all the other horrors you might imagine. 

It sounds to me like the same sort of thinking (?) is going on here. 

Your Kid's Bus Driver is a Little Wasted

The Cincinnati Enquirer has the story of the local school bus driver arrested after dropping off 33 Colerain High School band members and crashing the school bus into a couple parked cars in a local high school parking lot.  His BAC tested at .229.  In a cooler next to the driver's seat the local police found a nearly empty bottle of Jagermeister, darvocet, and klonopin.  John Dalheimer, 61 faces a cooler full of charges as a consequence.

Amazingly, Dalheimer was still driving a school bus despite an earlier finding of empty booze bottle on the bus within the last year.   Oh, and he had a history of DUI.  So, how is it he had a license enabling him to ferry children around? 

One of the kids who was on the bus told a parent after the epidsode that if he had had a cell phone he would have called 911, Dalheimer's driving and behavior was that erratic.  As a local school official noted, this is a "bullet dodged."

Friday, October 15, 2010

10 Months for Fast Eddie, Resentencing Update

The Chicago Tribune reports that at Edward "Fast Eddie" Vrdolyak was resentenced to 10 months in federal custody.  The Chicago federal prosecutors were seeking 31/2 years.  Mercy.

Alcoholism and Insanity, . . . Just Outside Doing Pushups


Rebecca Veal (pic) had nine years of sobriety following multiple DUIs over multiple years.  She relapsed in 2009 killing a motorcyclist she struck from behind.  Her BAC was .21 twice the legal limit.  She will now do 15-years to life in prison in California.  This is the story at the SacBee.

While Rebecca was actively sober, her alcoholism and insanity was just outside waiting for her, doing push-ups.