The Arrest and Threats to the Life of Attorney Professor Peter Erlinder for producing relevant UN records before the International Criminal Tribunal for Rwanda
The arrest of attorney Professor Peter Erlinder by the government of Rwanda headed by President Paul Kagame, his deteriorating medical condition and the false information given by the Chief of Police Rwanda that Professor Peter Erlinder,
Lead Defense Counsel before the Security Council appointed Special International Criminal Tribunal on Rwanda , President of the Association des Advocats de La Defense before the ICTR, earlier a Judge of the International Criminal Tribunal for Afghanistan at Tokyo, attempted to commit suicide while in jail, by taking 50 tablets of prescribed blood pressure tablets and tranquilizers which his daughter Sarah Erlinder , an attorney in Arizona has described as an attempt on his life, by laying the ground work to kill him and pass it off as suicide; has outraged prominent associations of Lawyers the world over including Counsel for Defense at the ICTR and the ICC , many of whom are considering withdrawing from all proceedings of the Security Council appointed Special Tribunals, in view of the witch hunt to which Professor Peter Erlinder is being subjected ,for bringing forth documentary evidence from UN and US records during the course of the trials that exposed the Rwanda Patriotic Front of President Paul Kagame, a military officer trained at Fort Leavenworth in the United States, for being responsible for the special military operation against the then Rwandan government and a major role in the killings in Rwanda, of both Tutsis and Hutus, in which the RPF was a key player which was subsequently passed off by international propaganda through the global media as a genocide only against one group, the Tutsis, to camouflage the role of the RPF led by President Kagame in the assassinations of then President of Rwanda Habyarimana and the President of Burundi for the take over of Rwanda and the subsequent aggression into Central Africa for the control of the region for the "blood diamonds" , " blood casserite ( tin) and "blood colten"(cellphones) of the Eastern Congo in which already 6 million have been killed, with the government of Rwanda acting as a surrogate for outside powers, in the "Great Game " for Africa.
The Special Tribunal for Rwanda was established by a Security Council influenced overwhelmingly by two members of the Security Council , to camouflage the developments in the region, the military backing to the Ugandan -RPF invasion and subject to trials only the political opponents of the Rwanda Patriotic Force of Paul Kagame .
The tepid response of the government of the United States to the arrest and continuing detention of Professor Peter Erlinder who was arrested at Kigali on 28th May when he arrived to appear as one of the Defense Counsel for a leading Opposition candidate of the United Democratic Forces , also charged with genocide denial, despite the deterioration of his medical condition and the US government's diplomatic clout in Kigali, having trained 70, 000 Rwandan troops and given President Kagame substantial military aid while camouflaging his role in the tragedy of Rwanda, investigated by the well and respected Australian QC Michael Hourigan who recommended to the then Chief Prosecutor Lousie Arbor that Paul Kagame be prosecuted , has resulted in more questions than answers all over the world on the shenanigans behind the appointment of these Security Council Special Tribunals and the approach of their Chief Prosecutors who were hired, fired and replaced by more convenient appointees . Equally exposed is the stand of the government of the United States of America in Rwanda and Eastern Congo along with the government of the UK , both prime movers in the appointment by the Security Council of specially constituted International Criminal Tribunals for Yugoslavia and Rwanda among others, now being seen as an effort to camouflage military and political interventions, to take over the economic space of the former Republic of Yugoslavia and a resource rich region of Africa , among other regions ,by selective use of the charge of ethnic cleansing and genocide, to protect surrogate governments , while dooming its opponents.
The death of former President Milosevic came as a relief to the prime movers behind the ICTY, in view of the overwhelming evidence available, produced before the ICTY that the Serbs were equally victims of attacks as were the Bosnian Muslims, that these attacks were being carried out between various ethnic and religious groups of former Yugoslavia despite UN forces being in absolute control in certain areas and that the invesigation revealed that Croats had earlier targeted the Serbs and the Kosovo Liberation Army comprising of rogue and criminal elements were also used as an instrument for the restructuring of former Yugoslavia , to justify the bombing which killed more people than Serbian military forces in Kosovo. From one region to another targeted for occupation and economic control, the world is witness to collective killings , sectarian strife and death squads, of which Iraq is another example .
It is established from the nature of evidence now before the ICTR, produced from the records of the UN by Professor Peter Erlinder as Defense Counsel , that the real reason for the illegal arrest of Professor Peter Erlinder and the threat to his life from the government of Rwanda which is a surrogate of other governments, is the painstaking documentation of this thoroughly professional and competent Lead Counsel who established the truth behind the tragedy of Rwanda , the killings of both Tutsis and Hutus and the role of the Rwanda Patriotic Front led by President Paul Kagame .
Lawyers at the ICTR have expressed their desire to withdraw from all proceedings in view of the intimidation and threat to Professor Peter Erlinder .The International Criminal Defense Attorney's Association ( ICDAA) at the recent conference held in the first week of June at Kampala in Uganda , among other associations and individual lawyers all over the world have condemned and protested Professor Erlinder's arrest and continuing detention as ' an attack on the right to Counsel and independence of Counsel and an attack on the independence of the ICTR for Rwanda " . The Basic Principles on the Role of Lawyers adopted by UN General Assembly Resolution in 1990 at paragraphs 16 and 17 mandates that Governments shall ensure that lawyers are not threatened or intimidated and that their security is adequately safeguarded while discharging their functions . It cannot be denied either by the government of Rwanda or the United State government that Professor Peter Erlinder was in Rwanda only to perform a professional duty as requested by the Opposition candidate who had appointed him as a Defense Counsel against similar charges levied to deter by the government of Rwanda .
Professor Christopher Black of Toronto , Canada , who is a Barrister and another Lead Counsel at the International Criminal Tribunal for Rwanda, has stated that -" The real reason for the arrest and detention is that Professor Peter Erlinder has written and spoken of overwhelming evidence from UN records produced before the Rwanda War Crimes Tribunal that it was the RPF( the present government of Rwanda ) that started the war which resulted in the deaths of Tutsis and Hutus and the killings in the Congo . This is not even debatable in the true sense . The alleged law under which he is charged is designed to suppress the truth about the war in Rwanda in order for a brutal regime to maintain its totalitarian control of a tragic country . The US government's tepid response to his arrest no doubt springs from the of this regime and their desire to maintain the three military bases to control the resources of Central Africa . Professor Peter Erlinder is in jail simply for informing the world of the facts . A thought crime . This is a complete suppression of free speech and historical records . It is fascism pure and simple ".
The Security Council having constituted the ICTR before whom the truth has emerged of the reality of the tragedy of Rwanda , is now duty bound through the Secretary General and the UN Human Rights Council to ensure the safety and liberty of Professor Peter Erlinder who as pro bono Counsel who had volunteered for the ICTR , in the course of his research into UN records along with other Counsel placed the records before the ICTR along with the oral evidence available from diplomatic chanceries including of the United States . Public opinion had already earlier learnt that international warrants had been issued by Courts in Spain and France to members of the Kagame government for war crimes , crimes against humanity amounting to genocide, to which President Kagame's government has not responded .Would that amount to denial of genocide: not appearing before the Spanish and French Courts?
This is a new phase which we are witnessing, with governments collaborating in the arrest, detention and assassination of those lawyers who simply reveal the truth available in documentary and other records in defense of their clients. As I write, it has been reported that bail was denied by the Court in Rwanda on 7th June despite the Counsel for Professor Peter Erlinder submitting to the Court in Rwanda that Professor Erlinder was in urgent need of medical treatment for which he desired to return to the United States .It is necessary to maintain a daily vigil for Professor Peter Erlinder 's release, even while contrasting what he faces to the impunity granted to those who invade and attack countries, bomb civilian populations and continue the illegal blockade of Gaza who never face a single Security Council constituted Tribunal . It is necessary for lawyers associations in all affected countries to be vigilant against attacks on their professional colleagues and protect the democratic rights and civil liberties of citizens .
Source
Wednesday, July 28, 2010
Thursday, July 15, 2010
Is Arizona's Law Right For Ohio?
Arizona's tough new immigration law sparked a national debate that, in Greater Cincinnati, quickly translated into a call for a tough new Ohio law.
Not even six weeks after Arizona Gov. Jan Brewer signed an illegal immigration bill into law, two Butler County politicians are pushing for a similar statute to allow police to arrest and detain illegal immigrants if they are stopped for traffic violations or arrested for crimes.
In pretty much the same fashion as their Arizona counterparts, those Butler County officials argue they're just stepping in to solve a problem the U.S. government won't.
Undocumented workers and their advocates say aspects of the Arizona law already exist here, because police profile Hispanics for traffic stops to check on their immigration status.
For their part, law enforcement agencies say those complaints are not true. Still, tensions are higher for the Hispanic population in Greater Cincinnati than for other immigrant groups.
Russian, Eastern European, Canadian and African immigrants in Greater Cincinnati, many of whom overstay their work or tourist visas, are not profiled because they blend into a larger population of whites and blacks, advocates for Hispanic immigrants say.
"The dehumanizing concept of the 'illegal alien' here is the stereotypical Mexican with dark skin," said Louis Valencia, a Blue Ash immigration attorney. "Otherwise, you can fly under the radar."
Greater Cincinnati isn't welcoming to newcomers, because it's been more than a century since the region saw any significant immigration, local experts say.
Immigration attorney Chuck Hollis, who grew up in Northern Kentucky and represents many Russian clients, thinks the lack of diversity has produced an intolerant population.
"There's an antiquated mind set here," Hollis said. "There's a real attitude of racism and xenophobia. ... I just wish (Americans) living here could put themselves in the shoes of Mexicans for a second and know the struggle, or just wanting to feed your family and eke out a living."
The twin threats of police profiling and the possibility of an Arizona-style law worry undocumented workers, who say the economics of their own countries force them to work here to provide better lives for their families.
Source
Not even six weeks after Arizona Gov. Jan Brewer signed an illegal immigration bill into law, two Butler County politicians are pushing for a similar statute to allow police to arrest and detain illegal immigrants if they are stopped for traffic violations or arrested for crimes.
In pretty much the same fashion as their Arizona counterparts, those Butler County officials argue they're just stepping in to solve a problem the U.S. government won't.
Undocumented workers and their advocates say aspects of the Arizona law already exist here, because police profile Hispanics for traffic stops to check on their immigration status.
For their part, law enforcement agencies say those complaints are not true. Still, tensions are higher for the Hispanic population in Greater Cincinnati than for other immigrant groups.
Russian, Eastern European, Canadian and African immigrants in Greater Cincinnati, many of whom overstay their work or tourist visas, are not profiled because they blend into a larger population of whites and blacks, advocates for Hispanic immigrants say.
"The dehumanizing concept of the 'illegal alien' here is the stereotypical Mexican with dark skin," said Louis Valencia, a Blue Ash immigration attorney. "Otherwise, you can fly under the radar."
Greater Cincinnati isn't welcoming to newcomers, because it's been more than a century since the region saw any significant immigration, local experts say.
Immigration attorney Chuck Hollis, who grew up in Northern Kentucky and represents many Russian clients, thinks the lack of diversity has produced an intolerant population.
"There's an antiquated mind set here," Hollis said. "There's a real attitude of racism and xenophobia. ... I just wish (Americans) living here could put themselves in the shoes of Mexicans for a second and know the struggle, or just wanting to feed your family and eke out a living."
The twin threats of police profiling and the possibility of an Arizona-style law worry undocumented workers, who say the economics of their own countries force them to work here to provide better lives for their families.
Source
Monday, June 28, 2010
Not Drunk? You Can Be DUI (or BUI) Without Alcohol
Memorial Day weekend may be a time of partying both on and off the water. You can be assured that there will be law enforcement paying special attention to our DUI (Driving Under the Influence) and BUI (Boating Under the Influence) or OUI (Operating Under the Influence) laws. In our state you can get an Arizona DUI without being drunk, or having had any alcohol at all.
How can you possibly be impaired if alcohol is not involved? Here is the answer, and some advice, from James Novak, an Arizona DUI and Criminal Defense Attorney in Tempe.
"You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication.
News agencies reporting on Arizona Department of Public Safety Laboratory analysis report that Arizona arrests surged in 2009 over 2001 by 377% due to DUIs linked to legally prescribed medications such as anti-depressants (Valium and Xanax) and benzodiazepine (psychoactive drugs, such as those used to treat muscle pain, anxiety or insomnia). Arrests can occur even if you are driving impaired due to an over-the-counter accessible medication. If a law enforcement officer stops you, and suspects you of driving impaired, in the absence of alcohol use you will be subjected to a toxicology testing based on blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severity of the DUI charge will be based on how much of the substance(s) was or were found in your bodily system based on toxicology results.
It can easily happen to anyone, anytime, anywhere. So if you are taking any medications that may impair your ability to drive or operate watercraft safely, you are better off finding someone else who is not impaired to do the driving. Leave the keys; you and everyone else will have piece of mind and be a lot safer."
Source
How can you possibly be impaired if alcohol is not involved? Here is the answer, and some advice, from James Novak, an Arizona DUI and Criminal Defense Attorney in Tempe.
"You can get a DUI if you are "impaired to the slightest degree" due to being under the influence of medication.
News agencies reporting on Arizona Department of Public Safety Laboratory analysis report that Arizona arrests surged in 2009 over 2001 by 377% due to DUIs linked to legally prescribed medications such as anti-depressants (Valium and Xanax) and benzodiazepine (psychoactive drugs, such as those used to treat muscle pain, anxiety or insomnia). Arrests can occur even if you are driving impaired due to an over-the-counter accessible medication. If a law enforcement officer stops you, and suspects you of driving impaired, in the absence of alcohol use you will be subjected to a toxicology testing based on blood draw or urine sample. If the results are positive, you will later be charged with a DUI. The severity of the DUI charge will be based on how much of the substance(s) was or were found in your bodily system based on toxicology results.
It can easily happen to anyone, anytime, anywhere. So if you are taking any medications that may impair your ability to drive or operate watercraft safely, you are better off finding someone else who is not impaired to do the driving. Leave the keys; you and everyone else will have piece of mind and be a lot safer."
Source
Friday, May 28, 2010
Criminal Attorney Earns a Verdict of Not Guilty of DUI and a Hung Verdict on the Charges of DWI
Criminal Attorney David Michael Cantor's office earned his client a verdict of not guilty of DUI and a hung verdict on the charges of DWI in the case of State v. Levitz (Scottsdale Municipal Court Case No: TR2009-024980). A Scottsdale City Court jury found that Levitz was not guilty of DUI (impaired to the slightest degree) and they hung on the issue of whether he had a blood alcohol content of .08 or higher (i.e., DWI).
According to a BAC test, Levitz blood alcohol content was a .120 but criminal attorney David Michael Cantor's associate was able to provide concern of the fact that the test analyst for the City of Scottsdale used an alcohol based hand sanitizer prior to testing the blood sample. In addition, Cantor was able to show that the criminalist did not properly put on gloves prior to the testing.
"The test analyst did not properly follow the necessary procedures before conducting the blood alcohol content test and the field sobriety test showed that Levitz was not impaired," said criminal attorney David Michael Cantor. "We were able to provide this evidence to the jury and they returned successful verdicts for our client."
Criminal attorney David Michael Cantor's associate was able to provide evidence that the field sobriety test showed that Levitz was not impaired. Levitz had only four cues on the Horizontal Gaze Nystagmus Test (i.e., the Eye Test) which the National Highway Traffic Safety Administration states is indicative of being a .05 BAC. Because the scientific community will testify that all people are impaired at a BAC of .08, but below that level many people are not impaired, the jury found Levitz not guilty of DUI.
Due to the fact that Levitz was found not guilty of being impaired to the slightest degree, it is unlikely that the State will retry the charge of DWI because the not guilty verdict necessarily indicates that Levitz's BAC was not a .08 or higher.
About the Law Offices of David Michael Cantor
The Law Offices of David Michael Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona's premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated - the highest rating possible - and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.
Source
According to a BAC test, Levitz blood alcohol content was a .120 but criminal attorney David Michael Cantor's associate was able to provide concern of the fact that the test analyst for the City of Scottsdale used an alcohol based hand sanitizer prior to testing the blood sample. In addition, Cantor was able to show that the criminalist did not properly put on gloves prior to the testing.
"The test analyst did not properly follow the necessary procedures before conducting the blood alcohol content test and the field sobriety test showed that Levitz was not impaired," said criminal attorney David Michael Cantor. "We were able to provide this evidence to the jury and they returned successful verdicts for our client."
Criminal attorney David Michael Cantor's associate was able to provide evidence that the field sobriety test showed that Levitz was not impaired. Levitz had only four cues on the Horizontal Gaze Nystagmus Test (i.e., the Eye Test) which the National Highway Traffic Safety Administration states is indicative of being a .05 BAC. Because the scientific community will testify that all people are impaired at a BAC of .08, but below that level many people are not impaired, the jury found Levitz not guilty of DUI.
Due to the fact that Levitz was found not guilty of being impaired to the slightest degree, it is unlikely that the State will retry the charge of DWI because the not guilty verdict necessarily indicates that Levitz's BAC was not a .08 or higher.
About the Law Offices of David Michael Cantor
The Law Offices of David Michael Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona's premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated - the highest rating possible - and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.
Source
Saturday, May 15, 2010
Defense Lawyer Earns a Hung Jury Verdict on Multiple Charges
"At first look, the State appeared to have a very strong case against our client," said defense lawyer David Michael Cantor. "After extensive examination and research, we were able to identify numerous flaws in the State's case and earn our client a hung verdict as well as a significantly reduced plea offer."
The state claimed that Shinn's blood alcohol content was a .187, however, defense lawyer David Michael Cantor's associate was able to provide evidence to the contrary. The defense lawyer was able to show that the field sobriety tests indicated that Shinn was not impaired, and he was able to show that the officer's eye test was not admissible.
Defense lawyer David Michael Cantor's associate was also able to provide evidence that the City of Scottsdale Police Department was using an old Gas Chromatograph machine that has been replaced by a more reliable machine. Also, the State did not present any maintenance or calibration records which would show that that the machine was working accurately and correctly.
The prosecution has now offered defense lawyer David Michael Cantor and his client a substantially reduced plea offer in order to prevent having to retry the case.
Source
The state claimed that Shinn's blood alcohol content was a .187, however, defense lawyer David Michael Cantor's associate was able to provide evidence to the contrary. The defense lawyer was able to show that the field sobriety tests indicated that Shinn was not impaired, and he was able to show that the officer's eye test was not admissible.
Defense lawyer David Michael Cantor's associate was also able to provide evidence that the City of Scottsdale Police Department was using an old Gas Chromatograph machine that has been replaced by a more reliable machine. Also, the State did not present any maintenance or calibration records which would show that that the machine was working accurately and correctly.
The prosecution has now offered defense lawyer David Michael Cantor and his client a substantially reduced plea offer in order to prevent having to retry the case.
Source
Thursday, April 15, 2010
Former deputy given jail, probation in DUI-related patrol vehicle wreck
A former Pima County sheriff's deputy was sentenced to five years probation and 30 days in jail Tuesday for criminal damage and extreme driving under the influence by Pima County Superior Court Judge Clark Munger.
The Tohono O'odham Police Department received a call from a passerby just before 4 a. m. Sept. 2, 2009, about a crash on Arizona 86 near Kitt Peak.
Police found a flipped over Pima County Sheriff's Department Ford Expedition, a drunken Deputy Daniel Williams and a dead dog belonging to Williams.
Williams was indicted on criminal charges after blood tests showed his blood alcohol level was 0.251, said Deputy Pima County Attorney Heather Lane.
The legal limit in Arizona is 0.08.
Williams was off-duty at the time of the crash and on his way to his girlfriend's house, Lane said.
Williams, who worked for the Sheriff's Department in the Ajo District, was fired within hours of the crash.
Source
The Tohono O'odham Police Department received a call from a passerby just before 4 a. m. Sept. 2, 2009, about a crash on Arizona 86 near Kitt Peak.
Police found a flipped over Pima County Sheriff's Department Ford Expedition, a drunken Deputy Daniel Williams and a dead dog belonging to Williams.
Williams was indicted on criminal charges after blood tests showed his blood alcohol level was 0.251, said Deputy Pima County Attorney Heather Lane.
The legal limit in Arizona is 0.08.
Williams was off-duty at the time of the crash and on his way to his girlfriend's house, Lane said.
Williams, who worked for the Sheriff's Department in the Ajo District, was fired within hours of the crash.
Source
Sunday, March 28, 2010
Charges levied in double fatality crash
The charges against a North Fort Myers man accused in the deaths of two nuns could change depending on information the State Attorney's Office has yet to receive.
Michael G. Hickman, 60, of 1069 La Paloma Blvd., was arrested and charged Tuesday on a warrant for two felony counts of DUI manslaughter, one felony count of DUI with serious bodily injury to another and one misdemeanor count of DUI second offense or more.
"Late Friday we approved a warrant for his arrest after completing part of our review of the facts of the case," Sam-antha Syoen, spokeswoman for the State Attorney's Office for the 20th Judicial Circuit, said. "The warrant was signed off by a judge." According to Syoen, the charges filed against Hickman are only the initial charges. The State Attorney's Office is waiting on additional materials from other agencies. After officials review the additional information, the charges against Hickman could be altered.
"These charges may increase or change," she said.
Hickman is currently facing a maximum sentence of 15 years for each count of DUI manslaughter, a maximum of five years for the DUI with serious bodily injury and a maximum of one year for the DUI second offense or more.
Syoen said officials at the State Attorney's Office were told they would receive the additional materials in the next two to three weeks.
According to a Florida Highway Patrol report, Hickman was driving a Chevy Tahoe north on U.S. 41 at about 3:30 p.m. Sept. 27 when he made a left turn to travel west on Grand Via Drive in North Fort Myers. The SUV entered the path of a Toyota Prius, driven by Sister Elizabeth Meegan, 67, and occupied by Sisters Ann McFall, 84, and Sister Karinne O'Malley, 80.
The force of the collision caused both vehicles to spin, with the SUV coming to rest across the eastbound lanes of Gran Via facing north. The Prius came to rest in the intersection facing west, according to officials. Sister O'Malley died at the scene, while Sister McFall died later at Lee Memorial Hospital.
Sister Meegan, the principal of St. Andrew Catholic School, was also taken to Lee Memorial Hospital, as was Hickman. She was listed in serious condition, but was treated and released. Hickman also recovered from his injuries.
Sister Meegan could not be reached for comment Wednesday.
FHP spokesman Lt. Chris Miller said the investigation is "basically closed."
"We received the blood alcohol level, completed the investigation and filed charges with the State Attorney's Office," he said.
According to Miller, authorities drew blood from Hickman and sent the sample to the Florida Department of Law Enforcement for testing. Hickman's sample came back with a blood alcohol content of .228. The "presumed impairment level," or legal limit, in the state of Florida is .08, he added.
"Well over the legal limit," Miller said of Hickman's alleged BAC results.
Hickman remained at the Lee County Jail on $60,000 bond Wednesday evening, according to jail booking records. His next court date is set for March 15 at 8:30 a.m.
At the time of the crash, Sisters O'Malley and McFall were returning home from a regional meeting of the Dominican Sisters, according to officials. Both received their training at Sinsinawa Dominican Novitiate in Wisconsin.
Bob Reddy, assistant communications director for the Diocese of Venice, said officials would not comment on the legal aspect of the case.
"As Catholics, we look toward redemption and forgiveness. As far as the legal system, that's up to the legal system to do what they're going to do. We're more focused on the religious side," he said. "It's up to the individual to seek forgiveness. As Catholics, we forgive pretty easily."
Reddy added that the diocese is saddened by the tragedy.
"We are very sad that this happened and wish it didn't happen, but we pray for Mr. Hickman because he's dealing with causing the loss of two lives," he said. "We also pray for the families of the two sisters, for the school and for the parish, who lost two leaders in the community."
Sister O'Malley was born Oct. 25, 1928, in Chicago, Ill., and joined the Sinsinawa Dominicans in 1949. She worked as a teacher in Wisconsin, Alabama, Iowa, New York and Illinois before moving to Cape Coral in 1988.
A founding member of St. Andrew Catholic School, she was an administrative assistant until 1996, when she became a migrant tutor in Bonita Springs.
Sister McFall was born Aug. 25, 1925, also in Chicago, Ill., and joined the Sinsinawa Dominicans in 1943. She worked as a teacher in Minnesota, Illinois, Wisconsin, Iowa, and as a principal in Nebraska, Oklahoma and Arizona. In 2007, she came to Cape Coral and worked as a volunteer for St. Andrew Catholic Church.
Source
Michael G. Hickman, 60, of 1069 La Paloma Blvd., was arrested and charged Tuesday on a warrant for two felony counts of DUI manslaughter, one felony count of DUI with serious bodily injury to another and one misdemeanor count of DUI second offense or more.
"Late Friday we approved a warrant for his arrest after completing part of our review of the facts of the case," Sam-antha Syoen, spokeswoman for the State Attorney's Office for the 20th Judicial Circuit, said. "The warrant was signed off by a judge." According to Syoen, the charges filed against Hickman are only the initial charges. The State Attorney's Office is waiting on additional materials from other agencies. After officials review the additional information, the charges against Hickman could be altered.
"These charges may increase or change," she said.
Hickman is currently facing a maximum sentence of 15 years for each count of DUI manslaughter, a maximum of five years for the DUI with serious bodily injury and a maximum of one year for the DUI second offense or more.
Syoen said officials at the State Attorney's Office were told they would receive the additional materials in the next two to three weeks.
According to a Florida Highway Patrol report, Hickman was driving a Chevy Tahoe north on U.S. 41 at about 3:30 p.m. Sept. 27 when he made a left turn to travel west on Grand Via Drive in North Fort Myers. The SUV entered the path of a Toyota Prius, driven by Sister Elizabeth Meegan, 67, and occupied by Sisters Ann McFall, 84, and Sister Karinne O'Malley, 80.
The force of the collision caused both vehicles to spin, with the SUV coming to rest across the eastbound lanes of Gran Via facing north. The Prius came to rest in the intersection facing west, according to officials. Sister O'Malley died at the scene, while Sister McFall died later at Lee Memorial Hospital.
Sister Meegan, the principal of St. Andrew Catholic School, was also taken to Lee Memorial Hospital, as was Hickman. She was listed in serious condition, but was treated and released. Hickman also recovered from his injuries.
Sister Meegan could not be reached for comment Wednesday.
FHP spokesman Lt. Chris Miller said the investigation is "basically closed."
"We received the blood alcohol level, completed the investigation and filed charges with the State Attorney's Office," he said.
According to Miller, authorities drew blood from Hickman and sent the sample to the Florida Department of Law Enforcement for testing. Hickman's sample came back with a blood alcohol content of .228. The "presumed impairment level," or legal limit, in the state of Florida is .08, he added.
"Well over the legal limit," Miller said of Hickman's alleged BAC results.
Hickman remained at the Lee County Jail on $60,000 bond Wednesday evening, according to jail booking records. His next court date is set for March 15 at 8:30 a.m.
At the time of the crash, Sisters O'Malley and McFall were returning home from a regional meeting of the Dominican Sisters, according to officials. Both received their training at Sinsinawa Dominican Novitiate in Wisconsin.
Bob Reddy, assistant communications director for the Diocese of Venice, said officials would not comment on the legal aspect of the case.
"As Catholics, we look toward redemption and forgiveness. As far as the legal system, that's up to the legal system to do what they're going to do. We're more focused on the religious side," he said. "It's up to the individual to seek forgiveness. As Catholics, we forgive pretty easily."
Reddy added that the diocese is saddened by the tragedy.
"We are very sad that this happened and wish it didn't happen, but we pray for Mr. Hickman because he's dealing with causing the loss of two lives," he said. "We also pray for the families of the two sisters, for the school and for the parish, who lost two leaders in the community."
Sister O'Malley was born Oct. 25, 1928, in Chicago, Ill., and joined the Sinsinawa Dominicans in 1949. She worked as a teacher in Wisconsin, Alabama, Iowa, New York and Illinois before moving to Cape Coral in 1988.
A founding member of St. Andrew Catholic School, she was an administrative assistant until 1996, when she became a migrant tutor in Bonita Springs.
Sister McFall was born Aug. 25, 1925, also in Chicago, Ill., and joined the Sinsinawa Dominicans in 1943. She worked as a teacher in Minnesota, Illinois, Wisconsin, Iowa, and as a principal in Nebraska, Oklahoma and Arizona. In 2007, she came to Cape Coral and worked as a volunteer for St. Andrew Catholic Church.
Source
Monday, March 15, 2010
New Arizona DUI Law aims to jail ignition interlock violators
The Arizona Legislature is hard at work this year trying to make Arizona DUI Law, which is already the nation's most punitive, a little tougher. This is the first in a series of articles examining the proposed legislation and discussing how it will impact the prosecution and defense of drunk driving in Arizona.
One thing is certain, Arizona DUI law is already mind-blowing in the amount of jail time imposed when compared to every other state in the country. For example, a first time offender must be sentenced to a 45 day jail sentence if their alcohol level is 0.20 percent or higher. Some states still don't mandate any jail time at all for the identical offense.
In the latest legislation, Arizona Senate Bill 1069 will do several things. Most of the bill will be addressed in future articles. For the purpose of this article, we will look only at the impact the law would have on people with DUI convictions.
A little background first. In Arizona, every DUI conviction results in the the requirement of an ignition interlock device, which is a breath test machine attached to the ignition of a vehicle. The device contains a sensor that detects breath alcohol. If alcohol is present, the device prevents the vehicle from starting.
Opponents of ignition interlocks argue that it is hard to police, and the a lot of people drive without them. Right now, it is a crime to drive without one if you are ordered to have one in Arizona. However, under the new law, it would make it very risky to try.
Should 1069 become law, any person who is convicted of DUI or who refuses to submit to a blood alcohol test while they are required to have an interlock device installed will have to serve a minimum sentence of 4 months in jail.
"The danger of this law is that it's a lot easier to allege that a person refused to take a chemical test than it is to convict them of DUI," said Arizona DUI Attorney Stewart Bergman. "At the very least, it opens the door to potential abuses. For example, there are many cases where it's not so clear that a person is refusing to take a test. There are medical reasons that might look like the person is not cooperating when they are, in reality, physically incapable of providing a sample. Other people just don't understand their rights."
Other DUI defense lawyers agree. It puts a lot of power into the officer's hands. Allege that the person refuses, and they have an uphill battle to avoid 4 months in jail.
The law will effect everybody required to have an interlock device, even underage persons.
Source
One thing is certain, Arizona DUI law is already mind-blowing in the amount of jail time imposed when compared to every other state in the country. For example, a first time offender must be sentenced to a 45 day jail sentence if their alcohol level is 0.20 percent or higher. Some states still don't mandate any jail time at all for the identical offense.
In the latest legislation, Arizona Senate Bill 1069 will do several things. Most of the bill will be addressed in future articles. For the purpose of this article, we will look only at the impact the law would have on people with DUI convictions.
A little background first. In Arizona, every DUI conviction results in the the requirement of an ignition interlock device, which is a breath test machine attached to the ignition of a vehicle. The device contains a sensor that detects breath alcohol. If alcohol is present, the device prevents the vehicle from starting.
Opponents of ignition interlocks argue that it is hard to police, and the a lot of people drive without them. Right now, it is a crime to drive without one if you are ordered to have one in Arizona. However, under the new law, it would make it very risky to try.
Should 1069 become law, any person who is convicted of DUI or who refuses to submit to a blood alcohol test while they are required to have an interlock device installed will have to serve a minimum sentence of 4 months in jail.
"The danger of this law is that it's a lot easier to allege that a person refused to take a chemical test than it is to convict them of DUI," said Arizona DUI Attorney Stewart Bergman. "At the very least, it opens the door to potential abuses. For example, there are many cases where it's not so clear that a person is refusing to take a test. There are medical reasons that might look like the person is not cooperating when they are, in reality, physically incapable of providing a sample. Other people just don't understand their rights."
Other DUI defense lawyers agree. It puts a lot of power into the officer's hands. Allege that the person refuses, and they have an uphill battle to avoid 4 months in jail.
The law will effect everybody required to have an interlock device, even underage persons.
Source
Sunday, February 28, 2010
Honolulu police posting DUI mug shots on Internet
HONOLULU — Mug shots of drunken driving suspects are landing on the Honolulu Police Department's Web site, creating a virtual wall of shame long before suspects get their day in court.
Supporters say the experiment in public humiliation to be launched Wednesday should be used elsewhere in the nation if it reduces the number of drunks on the road.
Critics counter the photo gallery is a heavy-handed tactic that threatens to violate constitutional rights and stain reputations without court convictions.
"We're not trying to embarrass anybody," said police Maj. Thomas Nitta, head of the traffic division. "This is public record, and we want people to be aware of this."
Defense attorneys doubt the strategy will stop intoxicated drivers from getting behind the wheel.
"There's no empirical data to show it does anything other than embarrass them," said attorney Pat McPherson, who handles hundreds of DUI cases a year. "There may be a good intent here, but it doesn't necessarily make it a good thing and really opens the police up to liability."
Arrest records and photos are considered to be public records and have been published in newspapers and shown on TV for decades. The Honolulu program is different, however, because the police themselves are publicizing the images.
Recently released DUI mug shots in Hawaii include lawmakers and several stars of the ABC drama "Lost," which is filmed in the state.
Only a few other law enforcement agencies across the country post DUI mug shots on their Web sites. Arizona's Maricopa County waits until suspects are convicted before posting their photos. Jails in Denton, Texas, and Gwinnett County, Ga., link pictures to the names of suspects listed online for all crimes.
"I don't think people really think about that when they drink and then drive," said Officer Ryan Grelle, a spokesman for the Denton Police Department. "Their thought process is gone because of the alcohol."
Mothers Against Drunk Driving said it hasn't found any research on whether posting online photos of suspected drunken drivers would reduce offenses. It said an estimated 11,773 people died in drunken driving crashes in the U.S. in 2008.
"Based on the success or lack of success in Honolulu, other law enforcement agencies across the country could do the same thing," said Debbie Weir, chief operating officer of Dallas-based MADD. "Hopefully it will make a difference and we can learn some lessons from it."
Honolulu police arrest more than 80 people a week for investigation of drunken driving, said Nitta, who believes the cost of the online program will be minimal because it will be added to the routine duties of an officer in his unit.
At 10 a.m. each Wednesday, the photos of those arrested in the previous week will be posted for 24 hours under the headline, "Oahu's Drunk Drivers." After six months, the department will evaluate the results of the program.
The American Civil Liberties Union said the effort could violate constitutionally guaranteed due process rights.
"The police frequently arrest people who do not deserve to be arrested, and in today's Internet environment having your picture posted on a Web site is something that can stick with you for the rest of your life," said Jay Stanley, public education director for the ACLU's technology and liberty program.
McPherson said the program could also raise sticky questions if police faced the possibility of posting the photo of an arrested undercover officer or member of a witness protection program.
Barnett Lotstein, special assistant attorney for Maricopa County, which includes Phoenix, said posting mug shots after convictions has had an impact.
"If you commit this kind of offense, it's not going to be a secret," he said.
Source
Supporters say the experiment in public humiliation to be launched Wednesday should be used elsewhere in the nation if it reduces the number of drunks on the road.
Critics counter the photo gallery is a heavy-handed tactic that threatens to violate constitutional rights and stain reputations without court convictions.
"We're not trying to embarrass anybody," said police Maj. Thomas Nitta, head of the traffic division. "This is public record, and we want people to be aware of this."
Defense attorneys doubt the strategy will stop intoxicated drivers from getting behind the wheel.
"There's no empirical data to show it does anything other than embarrass them," said attorney Pat McPherson, who handles hundreds of DUI cases a year. "There may be a good intent here, but it doesn't necessarily make it a good thing and really opens the police up to liability."
Arrest records and photos are considered to be public records and have been published in newspapers and shown on TV for decades. The Honolulu program is different, however, because the police themselves are publicizing the images.
Recently released DUI mug shots in Hawaii include lawmakers and several stars of the ABC drama "Lost," which is filmed in the state.
Only a few other law enforcement agencies across the country post DUI mug shots on their Web sites. Arizona's Maricopa County waits until suspects are convicted before posting their photos. Jails in Denton, Texas, and Gwinnett County, Ga., link pictures to the names of suspects listed online for all crimes.
"I don't think people really think about that when they drink and then drive," said Officer Ryan Grelle, a spokesman for the Denton Police Department. "Their thought process is gone because of the alcohol."
Mothers Against Drunk Driving said it hasn't found any research on whether posting online photos of suspected drunken drivers would reduce offenses. It said an estimated 11,773 people died in drunken driving crashes in the U.S. in 2008.
"Based on the success or lack of success in Honolulu, other law enforcement agencies across the country could do the same thing," said Debbie Weir, chief operating officer of Dallas-based MADD. "Hopefully it will make a difference and we can learn some lessons from it."
Honolulu police arrest more than 80 people a week for investigation of drunken driving, said Nitta, who believes the cost of the online program will be minimal because it will be added to the routine duties of an officer in his unit.
At 10 a.m. each Wednesday, the photos of those arrested in the previous week will be posted for 24 hours under the headline, "Oahu's Drunk Drivers." After six months, the department will evaluate the results of the program.
The American Civil Liberties Union said the effort could violate constitutionally guaranteed due process rights.
"The police frequently arrest people who do not deserve to be arrested, and in today's Internet environment having your picture posted on a Web site is something that can stick with you for the rest of your life," said Jay Stanley, public education director for the ACLU's technology and liberty program.
McPherson said the program could also raise sticky questions if police faced the possibility of posting the photo of an arrested undercover officer or member of a witness protection program.
Barnett Lotstein, special assistant attorney for Maricopa County, which includes Phoenix, said posting mug shots after convictions has had an impact.
"If you commit this kind of offense, it's not going to be a secret," he said.
Source
Monday, February 15, 2010
York County says Virginia DUI courts working
York County, VA, has been using special courts to handle DUI cases in a more effective manner for about 2 years, reducing the cost of DUI rehabilitation to the county.
The courts will address the problems of DUI by providing more effective rehabilitation services, according to the plans, in order to prevent repeat offenses and keep DUI offenders from clogging the county's jails and court systems. A new proposal would provide more funding for the courts through a $25 surcharge on all DUI arrests.
York County uses special courts to deal with not only DUI but also drug users and people with mental ailments. Officials say the courts can better address these unique situations as they are in touch with the key needs of the defendants as well as the state. Opponents say these courts allow criminals to get off too easy.
Currently, the DUI courts only hear cases for people who have committed 3 offenses in the state. Right now, any individual who enters the special court and is convicted receives a mandatory 90 day county prison sentence and wears a SCRAM bracelet for 90 days after. The SCRAM bracelet monitors alcohol consumption.
All told, the program has helped a minimal number of people - 10 in its first year and 12 in its second. Even with this small amount of participants, however, the court estimates it saved the county about $40,000 in costs to send these people to jail, according to the York Daily Record.
Source
The courts will address the problems of DUI by providing more effective rehabilitation services, according to the plans, in order to prevent repeat offenses and keep DUI offenders from clogging the county's jails and court systems. A new proposal would provide more funding for the courts through a $25 surcharge on all DUI arrests.
York County uses special courts to deal with not only DUI but also drug users and people with mental ailments. Officials say the courts can better address these unique situations as they are in touch with the key needs of the defendants as well as the state. Opponents say these courts allow criminals to get off too easy.
Currently, the DUI courts only hear cases for people who have committed 3 offenses in the state. Right now, any individual who enters the special court and is convicted receives a mandatory 90 day county prison sentence and wears a SCRAM bracelet for 90 days after. The SCRAM bracelet monitors alcohol consumption.
All told, the program has helped a minimal number of people - 10 in its first year and 12 in its second. Even with this small amount of participants, however, the court estimates it saved the county about $40,000 in costs to send these people to jail, according to the York Daily Record.
Source
Thursday, January 28, 2010
New DUI Arrest Penalty
The concept of shaming as part of a criminal punishment is not new. For years, various local newspapers have printed the names of people convicted of drunk driving. For some, the stigma of a DUI arrest is worse than the actual penalty. Newspapers argue that the information is public and they have a right to publish it.
More law enforcement agencies and prosecutors offices are getting into the shaming business, now that the internet makes such publications easy and free.
The Honolulu Police Department (HPD) is the latest agency to start posting information about people who are arrested for DUI. Starting last Wednesday, HPD posted the mug shots and names of the previous week's arrests. On average, there are more than 80 DUI arrests on the island of Oahu every week.
In Hawaii, DUI is a crime. People accused of it enjoy a presumption of innocence. That means that of the 80-plus people arrested each week, some could be innocent. It doesn't matter to the police, and arrest records and mugshots are public records.
Mothers Against Drunk Driving, agrees with HPD's move, but remains skeptical that it will make any difference. Logically, MADD's stance makes sense. If a person is truly impaired and the idea of potentially killing themselves or somebody else doesn't stop them from driving, it is highly unlikely that the thought of their picture going online for 24 hours would.
DUI defense attorneys argue that it is improper to post the picture of a potentially innocent person in a public place and expose that person to prejudgment based on an arrest. "A case should be decided in the Justice System. Justice is not served by pre-conviction public shaming," said Florida DUI Attorney John Musca.
"In Arizona, the Maricopa County Attorney's Office publishes a website that shows the mugshots of people convicted of DUI," said Arizona DUI Lawyer Stewart Bergman. "While I don't agree with it as it's not part of the penalties prescribed by the Arizona DUI Statute, it is certainly better than publishing mugshots upon arrest."
But even Sheriff Joe Arpaio of the Maricopa County Sheriff's Office publishes a database of people arrested by his agency within the past 3 days. Users can search by name or booking number, or view everybody arrested in the past three days for any particular offense. When DUI is looked up, people with simple misdemeanor DUI arrests are lumped in with people arrested for serious vehicular felonies such as aggravated assault.
DUI arrests are embarrassing. The HPD has added a new layer of shame to the pretrial process.
Source
More law enforcement agencies and prosecutors offices are getting into the shaming business, now that the internet makes such publications easy and free.
The Honolulu Police Department (HPD) is the latest agency to start posting information about people who are arrested for DUI. Starting last Wednesday, HPD posted the mug shots and names of the previous week's arrests. On average, there are more than 80 DUI arrests on the island of Oahu every week.
In Hawaii, DUI is a crime. People accused of it enjoy a presumption of innocence. That means that of the 80-plus people arrested each week, some could be innocent. It doesn't matter to the police, and arrest records and mugshots are public records.
Mothers Against Drunk Driving, agrees with HPD's move, but remains skeptical that it will make any difference. Logically, MADD's stance makes sense. If a person is truly impaired and the idea of potentially killing themselves or somebody else doesn't stop them from driving, it is highly unlikely that the thought of their picture going online for 24 hours would.
DUI defense attorneys argue that it is improper to post the picture of a potentially innocent person in a public place and expose that person to prejudgment based on an arrest. "A case should be decided in the Justice System. Justice is not served by pre-conviction public shaming," said Florida DUI Attorney John Musca.
"In Arizona, the Maricopa County Attorney's Office publishes a website that shows the mugshots of people convicted of DUI," said Arizona DUI Lawyer Stewart Bergman. "While I don't agree with it as it's not part of the penalties prescribed by the Arizona DUI Statute, it is certainly better than publishing mugshots upon arrest."
But even Sheriff Joe Arpaio of the Maricopa County Sheriff's Office publishes a database of people arrested by his agency within the past 3 days. Users can search by name or booking number, or view everybody arrested in the past three days for any particular offense. When DUI is looked up, people with simple misdemeanor DUI arrests are lumped in with people arrested for serious vehicular felonies such as aggravated assault.
DUI arrests are embarrassing. The HPD has added a new layer of shame to the pretrial process.
Source
Friday, January 15, 2010
San Diego DUI fatality leads to 20 year sentence
After killing a pedestrian in Pacific Beach earlier this year, a San Diego man will face 20 years to life for second-degree murder.
46-year-old ALan Lester Mabrey was convicted of a second-degree murder charge along with gross vehicular manslaughter while intoxicated and hit-and-run in a February 7 accident. The accident took the life of 24-year-old Emily Cathleen Dowdy.
Dowdy was attempting to cross the street when she was struck; she died in the hospital the following day from injuries sustained in the accident. While Mabrey admitted fault, he also held firm that he had committed an accident and not a murder. He asked for mercy from the court, but Judge Charles Rogers handed down the maximum sentence.
Mabrey was driving a Dodge Ram that evening and admitted to drinking beer all night with a friend. Mabrey left the site of the collision after he struck Dowdy, but he did return about an hour later. Reports say he went to Burger King to eat in the meantime.
When tested after returning, Mabrey's blood alcohol level was .22%. This was about an hour and a half after the collision, but it is difficult to say if it would have been higher immediately following or had actually gone up in the lapsed time. This depends on when Mabrey had his last drink.
Adding to the sentencing, Mabrey has been convicted of DUI twice in the past, once in Texas and once in Colorado. His most recent arrest was only 1 year before the accident. The Texas arrest was a felony, and Mabrey did serve time in jail. Though murder charges are a relatively new way to prosecute DUIs, they have become increasingly common in extenuating circumstances.
Source
46-year-old ALan Lester Mabrey was convicted of a second-degree murder charge along with gross vehicular manslaughter while intoxicated and hit-and-run in a February 7 accident. The accident took the life of 24-year-old Emily Cathleen Dowdy.
Dowdy was attempting to cross the street when she was struck; she died in the hospital the following day from injuries sustained in the accident. While Mabrey admitted fault, he also held firm that he had committed an accident and not a murder. He asked for mercy from the court, but Judge Charles Rogers handed down the maximum sentence.
Mabrey was driving a Dodge Ram that evening and admitted to drinking beer all night with a friend. Mabrey left the site of the collision after he struck Dowdy, but he did return about an hour later. Reports say he went to Burger King to eat in the meantime.
When tested after returning, Mabrey's blood alcohol level was .22%. This was about an hour and a half after the collision, but it is difficult to say if it would have been higher immediately following or had actually gone up in the lapsed time. This depends on when Mabrey had his last drink.
Adding to the sentencing, Mabrey has been convicted of DUI twice in the past, once in Texas and once in Colorado. His most recent arrest was only 1 year before the accident. The Texas arrest was a felony, and Mabrey did serve time in jail. Though murder charges are a relatively new way to prosecute DUIs, they have become increasingly common in extenuating circumstances.
Source
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