Jennifer Thompson is a truly moral person who is bravely accepting responsibility for identifying the wrong man in a police lineup.
Mark Hansen, Forensic Science: Scoping out eyewitness Ids, 87 A.B.A.J. 39, April, 2001.
Nobody understands better than Jennifer Thompson how unreliable eyewitness evidence can be. Except maybe for Ronald Cotton.
Thompson is a North Carolina rape victim whose eyewitness identification of a suspect put the wrong man in prison for life. Twice.
Cotton is the innocent man who spent 11 years of his life in prison because of Thompson's mistake. And he might still be behind bars today if he hadn't been watching the O.J. Simpson trial on television in prison in 1995 and heard about a test for DNA.
Thompson, now the 38-year-old mother of triplets, was a 22-year-old college student in 1984 when someone broke into her apartment, put a knife to her throat and raped her.
Several days later, she went to the police station and picked Cotton's photo out of a lineup. She also picked him out of a physical lineup and identified him as her assailant at his 1985 trial.
"I was absolutely, positively, without-a-doubt certain he was the man who raped me when I got on that witness stand and testified against him," Thompson recalls now. "And nobody was going to tell me any different."
Two years later, though, Cotton won a new trial where there was testimony about another man, a fellow inmate who had reportedly told other prisoners he had committed the rape for which Cotton had been convicted.
But the man denied it on the witness stand. And Thompson testified that she had never seen the other man before in her life.
Nine years later, Cotton was watching the Simpson trial unfold on TV when he heard about a miraculous new test that could prove his innocence. So he asked to be tested.
And when the results came back, Thompson got the shock of her life. Cotton was innocent. It was his fellow inmate, the man she swore she had never seen before, who had raped her.
"I felt like my whole world had been turned upside down, like I had betrayed everybody, including myself," Thompson says.
But experts say they aren't surprised by her story. Mistaken eyewitness identification is the No. 1 cause of wrongful convictions, they say.
Cotton isn't angry. In fact, he and Thompson have since become friends. "You can't forget, but you can forgive," he says.
But he also counts his blessings every day. And thanks God for DNA. "If it weren't for that, I wouldn't be where I am today," he says.
Saturday, March 14, 2009
Saturday, February 21, 2009
Did police belief in discredited lie detector test cause them to let Chandra Levy's killer go free?
Arrest Near in Killing of Chandra Levy, Authorities Say
New York Times
By IAN URBINA
February 21, 2009
Police officials here are close to making an arrest in the killing of Chandra Levy, the former federal government intern whose disappearance in 2001 ended Gary A. Condit’s Congressional career after his relationship with her was revealed, several law enforcement officials familiar with the investigation said on Saturday.
Law enforcement officials, who spoke on the condition of anonymity because charges had not been filed, identified the suspect as Ingmar Guandique, 27, a Salvadoran immigrant who has previously denied any involvement in Ms. Levy’s disappearance and killing.
Ms. Levy’s killing is one of Washington’s most sensational unsolved crimes and has brought intense pressure on the Police Department. Ms. Levy disappeared on May 1, 2001, and more than a year passed before her body was found in Rock Creek Park in Washington.
Mr. Guandique pleaded guilty to assault in September 2001 in two cases involving attacks on women in the park in May and July 2001. He is now serving a 10-year sentence at a federal prison in Adelanto, Calif., and is eligible for parole in 2011.
The police recently submitted new evidence to the United States attorney’s office after an inmate serving time with Mr. Guandique contacted them, law enforcement officials said. The inmate said Mr. Guandique told him he had killed Ms. Levy, the sources said.
In the initial investigation, Mr. Guandique told the police that he had seen Ms. Levy in the park, but that he had not harmed her. The police called Mr. Guandique a “person of interest,” but said he had passed a polygraph test...
New York Times
By IAN URBINA
February 21, 2009
Police officials here are close to making an arrest in the killing of Chandra Levy, the former federal government intern whose disappearance in 2001 ended Gary A. Condit’s Congressional career after his relationship with her was revealed, several law enforcement officials familiar with the investigation said on Saturday.
Law enforcement officials, who spoke on the condition of anonymity because charges had not been filed, identified the suspect as Ingmar Guandique, 27, a Salvadoran immigrant who has previously denied any involvement in Ms. Levy’s disappearance and killing.
Ms. Levy’s killing is one of Washington’s most sensational unsolved crimes and has brought intense pressure on the Police Department. Ms. Levy disappeared on May 1, 2001, and more than a year passed before her body was found in Rock Creek Park in Washington.
Mr. Guandique pleaded guilty to assault in September 2001 in two cases involving attacks on women in the park in May and July 2001. He is now serving a 10-year sentence at a federal prison in Adelanto, Calif., and is eligible for parole in 2011.
The police recently submitted new evidence to the United States attorney’s office after an inmate serving time with Mr. Guandique contacted them, law enforcement officials said. The inmate said Mr. Guandique told him he had killed Ms. Levy, the sources said.
In the initial investigation, Mr. Guandique told the police that he had seen Ms. Levy in the park, but that he had not harmed her. The police called Mr. Guandique a “person of interest,” but said he had passed a polygraph test...
Saturday, February 07, 2009
Innocent man died in prison; real rapist is "sorry"
Justice Finally Served
Harry Cabluck, AP
Feb. 7, 2009
A man who died in prison while serving time for a rape he didn't commit was cleared Friday by a judge who called the state's first posthumous DNA exoneration "the saddest case" he'd ever seen.
Calling it "the saddest case" he'd ever seen, a judge exonerates Timothy Cole, who was convicted of rape in 1985. DNA evidence helped clear Cole -- and pointed to Jerry Wayne Johnson instead. Here, Johnson walks into a Texas courtroom on Friday, past a portrait of Cole. This was the first case in Texas history where DNA cleared someone who had died in prison.
Cole was convicted of raping a Texas Tech University student in Lubbock in 1985 and was sentenced to 25 years in prison. He died in 1999 at age 39 from asthma complications.
DNA tests in 2008 connected the crime to Jerry Wayne Johnson, who is serving life in prison for separate rapes. Johnson testified in court Friday that he was the rapist in Cole's case and asked the victim and Cole's family to forgive him.
"I'm responsible for all this. I'm truly sorry for my pathetic behavior and selfishness. I hope and pray you will forgive me," Johnson said.
The Innocence Project of Texas said Cole's case was the first posthumous DNA exoneration in state history...
Cole and his relatives for years claimed he was innocent, but no one believed them until evidence from the original rape kit was tested for DNA. Cole had refused to plead guilty before trial in exchange for probation, and while in prison, he refused to admit to the crime when it could have earned him release on parole.
The Innocence Project pressed for a hearing to start the process of clearing Cole's name. Cole's family now wants Gov. Rick Perry to issue a formal pardon.
Harry Cabluck, AP
Feb. 7, 2009
A man who died in prison while serving time for a rape he didn't commit was cleared Friday by a judge who called the state's first posthumous DNA exoneration "the saddest case" he'd ever seen.
Calling it "the saddest case" he'd ever seen, a judge exonerates Timothy Cole, who was convicted of rape in 1985. DNA evidence helped clear Cole -- and pointed to Jerry Wayne Johnson instead. Here, Johnson walks into a Texas courtroom on Friday, past a portrait of Cole. This was the first case in Texas history where DNA cleared someone who had died in prison.
Cole was convicted of raping a Texas Tech University student in Lubbock in 1985 and was sentenced to 25 years in prison. He died in 1999 at age 39 from asthma complications.
DNA tests in 2008 connected the crime to Jerry Wayne Johnson, who is serving life in prison for separate rapes. Johnson testified in court Friday that he was the rapist in Cole's case and asked the victim and Cole's family to forgive him.
"I'm responsible for all this. I'm truly sorry for my pathetic behavior and selfishness. I hope and pray you will forgive me," Johnson said.
The Innocence Project of Texas said Cole's case was the first posthumous DNA exoneration in state history...
Cole and his relatives for years claimed he was innocent, but no one believed them until evidence from the original rape kit was tested for DNA. Cole had refused to plead guilty before trial in exchange for probation, and while in prison, he refused to admit to the crime when it could have earned him release on parole.
The Innocence Project pressed for a hearing to start the process of clearing Cole's name. Cole's family now wants Gov. Rick Perry to issue a formal pardon.
Thursday, December 25, 2008
Former Cop Suspected in Shootings Dies
Former Cop Suspected in Shootings Dies
By DANNY ROBBINS, AP
Dec. 23, 2008
...A former Utah state trooper suspected in a series of roadway shootings earlier this week died on Christmas Eve, a hospital official said. Dallas police said they believe Brian Smith, above, killed at least one of the victims in a series of apparent random rush-hour shootings near Dallas. Smith shot and injured himself after a standoff with police.
The 37-year-old had been in critical condition on life support from a self-inflicted gunshot wound. Police say he shot himself in the head after a brief standoff early Tuesday, more than six hours after the roadway shooting spree ended...
Dallas police Lt. Craig Miller said authorities were working to confirm that Smith was the gunman in separate shooting deaths minutes apart Monday on a Garland street and a Dallas interstate.
Earlier Wednesday, police shut down the freeway to re-examine the scene of one of several of the shootings.
Officials said both police departments were waiting for ballistics tests to come back for possible matches of bullet casings...
Warrants for Smith's arrest had been issued in the Fort Worth suburb of Southlake, where authorities have obtained evidence linking him to two robberies in the past eight days. Both incidents involved thefts in which purses were stolen from women in vehicles parked at businesses near where Smith lived.
Police have tied Smith to the incidents through witness identification and video of him using a credit card belonging to one of the victims, Southlake police spokesman Mike Bedrich said.
Smith moved to Keller with his wife and children last spring, just months after his conduct came under scrutiny from the Utah Highway Patrol. His peace officer certification was revoked after he went on a drinking binge and threatened to kill himself.
In Utah, where Smith's problems as a trooper are just now coming to light, he's remembered as a good father who never lost his temper and coached youth soccer and basketball.
"This is a shock for everyone who knows Brian," said Michael Peterson, Smith's former bishop in the Mormon church. "Obviously, he was struggling with some things. But the Brian Smith that everyone around here knows would never have done any of these things."
By DANNY ROBBINS, AP
Dec. 23, 2008
...A former Utah state trooper suspected in a series of roadway shootings earlier this week died on Christmas Eve, a hospital official said. Dallas police said they believe Brian Smith, above, killed at least one of the victims in a series of apparent random rush-hour shootings near Dallas. Smith shot and injured himself after a standoff with police.
The 37-year-old had been in critical condition on life support from a self-inflicted gunshot wound. Police say he shot himself in the head after a brief standoff early Tuesday, more than six hours after the roadway shooting spree ended...
Dallas police Lt. Craig Miller said authorities were working to confirm that Smith was the gunman in separate shooting deaths minutes apart Monday on a Garland street and a Dallas interstate.
Earlier Wednesday, police shut down the freeway to re-examine the scene of one of several of the shootings.
Officials said both police departments were waiting for ballistics tests to come back for possible matches of bullet casings...
Warrants for Smith's arrest had been issued in the Fort Worth suburb of Southlake, where authorities have obtained evidence linking him to two robberies in the past eight days. Both incidents involved thefts in which purses were stolen from women in vehicles parked at businesses near where Smith lived.
Police have tied Smith to the incidents through witness identification and video of him using a credit card belonging to one of the victims, Southlake police spokesman Mike Bedrich said.
Smith moved to Keller with his wife and children last spring, just months after his conduct came under scrutiny from the Utah Highway Patrol. His peace officer certification was revoked after he went on a drinking binge and threatened to kill himself.
In Utah, where Smith's problems as a trooper are just now coming to light, he's remembered as a good father who never lost his temper and coached youth soccer and basketball.
"This is a shock for everyone who knows Brian," said Michael Peterson, Smith's former bishop in the Mormon church. "Obviously, he was struggling with some things. But the Brian Smith that everyone around here knows would never have done any of these things."
Saturday, December 20, 2008
In this case, independent thinking worked better than blind obedience
21 December 2008
Deaths from Mumbai 'police error'
By Adam Mynott
BBC News, Mumbai
...A prominent Mumbai gynaecologist, Dr Prashant Mangeshikar, was trapped in the Taj Mahal hotel along with hundreds of other guests as gunmen stormed into the building, firing indiscriminately.
Terrified, he and others barricaded themselves into a room and waited.
Eventually, in the early hours of the morning, police officers made it through to where they were hiding and told people it was safe to leave the hotel because the gunmen were cornered on another floor.
Some went ahead but Dr Mangeshikar held back.
"I was a little suspicious that the police were actually sending these guys down a different route where the terrorists were supposed to be," he said.
"I refused to move away and the people who ran ahead of me, about 20 or 30 of them, all of them died."
A dress designer from the city says her aunt was shot dead and her cousin seriously wounded because they followed police instructions to try to leave.
The designer, Shilpa, described the police conduct as disgraceful.
They had no right, she said, to risk people's lives...
Deaths from Mumbai 'police error'
By Adam Mynott
BBC News, Mumbai
...A prominent Mumbai gynaecologist, Dr Prashant Mangeshikar, was trapped in the Taj Mahal hotel along with hundreds of other guests as gunmen stormed into the building, firing indiscriminately.
Terrified, he and others barricaded themselves into a room and waited.
Eventually, in the early hours of the morning, police officers made it through to where they were hiding and told people it was safe to leave the hotel because the gunmen were cornered on another floor.
Some went ahead but Dr Mangeshikar held back.
"I was a little suspicious that the police were actually sending these guys down a different route where the terrorists were supposed to be," he said.
"I refused to move away and the people who ran ahead of me, about 20 or 30 of them, all of them died."
A dress designer from the city says her aunt was shot dead and her cousin seriously wounded because they followed police instructions to try to leave.
The designer, Shilpa, described the police conduct as disgraceful.
They had no right, she said, to risk people's lives...
Tuesday, December 16, 2008
Anthony Pellicano gets 15 years for using illegal snooping to help clients gain advantage in court
Pellicano Sentenced to 15 Years in Prison
New York Times
By BROOKS BARNES
December 15, 2008
LOS ANGELES — Anthony Pellicano, a private investigator whose client list once included many Hollywood stars, was sentenced on Monday to 15 years in prison for his role in an illegal wiretapping enterprise.
The sentence, from Judge Dale S. Fischer of Federal District Court, was in line with what prosecutors had recommended. Mr. Pellicano, 64, already in custody, was found guilty in two different trials earlier this year on 78 charges, including wiretapping, racketeering and wire fraud. He and his two co-defendants were also ordered to pay a fine of $2 million...
The investigation of Mr. Pellicano began when an entertainment journalist, Anita M. Busch, was threatened in June 2002 by an associate of the private investigator after she wrote damaging articles about Michael S. Ovitz, once a prominent talent agent.
The investigation into the threat, which uncovered Mr. Pellicano’s wiretapping, seized Hollywood’s imagination with courtroom testimony revealing stars like Chris Rock as the beneficiaries of Mr. Pellicano’s illicit trade and other stars like Sylvester Stallone the victims. Ultimately, however, few industry players were charged.
Mr. Pellicano still must contend with a number of civil lawsuits that were delayed during the criminal proceedings. Those cases largely involve victims of wiretapping seeking damages for incidents in which private conversations were recorded.
Ms. Busch spoke at the sentencing, bitterly outlining the suffering that she said Mr. Pellicano caused her. “I no longer had my career, my peace of mind,” she said...
New York Times
By BROOKS BARNES
December 15, 2008
LOS ANGELES — Anthony Pellicano, a private investigator whose client list once included many Hollywood stars, was sentenced on Monday to 15 years in prison for his role in an illegal wiretapping enterprise.
The sentence, from Judge Dale S. Fischer of Federal District Court, was in line with what prosecutors had recommended. Mr. Pellicano, 64, already in custody, was found guilty in two different trials earlier this year on 78 charges, including wiretapping, racketeering and wire fraud. He and his two co-defendants were also ordered to pay a fine of $2 million...
The investigation of Mr. Pellicano began when an entertainment journalist, Anita M. Busch, was threatened in June 2002 by an associate of the private investigator after she wrote damaging articles about Michael S. Ovitz, once a prominent talent agent.
The investigation into the threat, which uncovered Mr. Pellicano’s wiretapping, seized Hollywood’s imagination with courtroom testimony revealing stars like Chris Rock as the beneficiaries of Mr. Pellicano’s illicit trade and other stars like Sylvester Stallone the victims. Ultimately, however, few industry players were charged.
Mr. Pellicano still must contend with a number of civil lawsuits that were delayed during the criminal proceedings. Those cases largely involve victims of wiretapping seeking damages for incidents in which private conversations were recorded.
Ms. Busch spoke at the sentencing, bitterly outlining the suffering that she said Mr. Pellicano caused her. “I no longer had my career, my peace of mind,” she said...
Monday, December 15, 2008
Wiretapper Anthony Pellicano gets 15 years
Update: Mr. Pellicano received a 15-year sentence.
Private eye faces sentencing in wiretapping case
Victims tell judge Pellicano's actions affected their lives
ASSOCIATED PRESS
December 15, 2008
LOS ANGELES – Hollywood private eye Anthony Pellicano isn't the only person imprisoned as a result of his wiretaps of the rich and famous. His victims say they have never been able to free themselves from the emotional and financial fallout caused by his crimes.
A former reporter says she has nightmares about being hunted and raped. A mother copes with her daughter being mocked by other kids and their parents. An actress who once appeared in a popular television series says she has found little work since.
They are among the victims who submitted letters to the federal judge who is scheduled to sentence Pellicano today. The former private investigator is in custody after being convicted of a total of 78 counts, including wiretapping, racketeering and wire fraud, in two separate trials this year.
Federal prosecutors have recommended in court documents that Pellicano, 64, serve nearly 16 years in prison for running a criminal enterprise and becoming a “high-priced thief who fraudulently obtained prominence through the harm that he wantonly inflicted on others.”
Their letters give a glimpse into the anger, disgust and hardship his victims say they have endured since Pellicano combed through their lives.
Former Los Angeles Times reporter Anita Busch says she no longer is a journalist and has nightmares about being hunted because of the harassment she faced from Pellicano. Busch found a dead fish with a rose in its mouth on her car, along with a sign reading “stop,” in June 2002 after she wrote a series of unflattering articles about one-time superagent Michael Ovitz, a Pellicano client.
Lisa Bonder Kerkorian, the former wife of billionaire Kirk Kerkorian, said her privacy has been destroyed. Prosecutors said Pellicano and Kerkorian's attorney, Terry Christensen, bugged her phone conversations to disprove her claims that the MGM mogul was the father of her young daughter. DNA tests later showed movie producer Steve Bing was the biological father.
Christensen was convicted of one count of conspiracy to commit wiretapping and sentenced to three years in prison.
Bonder Kerkorian said her daughter “has faced cruel comments, sly whispers and been openly ridiculed by students and parents at her school.”
Linda Doucett, who was a regular on “The Larry Sanders Show,” also chimed in, saying in her letter she has been unable to work as an actress and support herself and her son since taking part in a lawsuit filed by her former boyfriend, comedian Garry Shandling, against his former talent manager Brad Grey, now the head of the Paramount studio. Pellicano worked for Grey on the suit.
In late 2003, she said she received a call threatening her son's safety from someone she presumed to be Pellicano. Prosecutors never proved Pellicano or someone at his direction was the caller.
[But cops would never snoop illegally for private reasons, would they? They would. For four years Santa Barbara Sheriff Commander Sam Gross has been protecting deputy Michael Carlson for very similar activities to those of Anthony Pellicano.]
Private eye faces sentencing in wiretapping case
Victims tell judge Pellicano's actions affected their lives
ASSOCIATED PRESS
December 15, 2008
LOS ANGELES – Hollywood private eye Anthony Pellicano isn't the only person imprisoned as a result of his wiretaps of the rich and famous. His victims say they have never been able to free themselves from the emotional and financial fallout caused by his crimes.
A former reporter says she has nightmares about being hunted and raped. A mother copes with her daughter being mocked by other kids and their parents. An actress who once appeared in a popular television series says she has found little work since.
They are among the victims who submitted letters to the federal judge who is scheduled to sentence Pellicano today. The former private investigator is in custody after being convicted of a total of 78 counts, including wiretapping, racketeering and wire fraud, in two separate trials this year.
Federal prosecutors have recommended in court documents that Pellicano, 64, serve nearly 16 years in prison for running a criminal enterprise and becoming a “high-priced thief who fraudulently obtained prominence through the harm that he wantonly inflicted on others.”
Their letters give a glimpse into the anger, disgust and hardship his victims say they have endured since Pellicano combed through their lives.
Former Los Angeles Times reporter Anita Busch says she no longer is a journalist and has nightmares about being hunted because of the harassment she faced from Pellicano. Busch found a dead fish with a rose in its mouth on her car, along with a sign reading “stop,” in June 2002 after she wrote a series of unflattering articles about one-time superagent Michael Ovitz, a Pellicano client.
Lisa Bonder Kerkorian, the former wife of billionaire Kirk Kerkorian, said her privacy has been destroyed. Prosecutors said Pellicano and Kerkorian's attorney, Terry Christensen, bugged her phone conversations to disprove her claims that the MGM mogul was the father of her young daughter. DNA tests later showed movie producer Steve Bing was the biological father.
Christensen was convicted of one count of conspiracy to commit wiretapping and sentenced to three years in prison.
Bonder Kerkorian said her daughter “has faced cruel comments, sly whispers and been openly ridiculed by students and parents at her school.”
Linda Doucett, who was a regular on “The Larry Sanders Show,” also chimed in, saying in her letter she has been unable to work as an actress and support herself and her son since taking part in a lawsuit filed by her former boyfriend, comedian Garry Shandling, against his former talent manager Brad Grey, now the head of the Paramount studio. Pellicano worked for Grey on the suit.
In late 2003, she said she received a call threatening her son's safety from someone she presumed to be Pellicano. Prosecutors never proved Pellicano or someone at his direction was the caller.
[But cops would never snoop illegally for private reasons, would they? They would. For four years Santa Barbara Sheriff Commander Sam Gross has been protecting deputy Michael Carlson for very similar activities to those of Anthony Pellicano.]
Thursday, December 04, 2008
Police Chief indicted in boy's machine gun death
Police Chief Indicted for Boy's Uzi Death
By STEPHANIE REITZ, AP
Associated Press
SPRINGFIELD, Mass.
Dec. 4, 2008
Three men, including a small-town police chief, were indicted Thursday on involuntary manslaughter counts in the gun-fair death of an 8-year-old who accidentally shot himself in the head with an Uzi that a prosecutor said he never should have been allowed to handle.
The club where the fair was held also was charged. The fair had promised shooters would have certified instructors in an advertisement, but District Attorney William Bennett said the child, Christopher Bizilj, was supervised by an uncertified 15-year-old boy.
As his father watched, 8-year-old Christopher Bizilj died after accidentally shooting himself with an Uzi gun at a Massachusetts gun fair in October. A police chief and the men who brought the gun to the demonstration were indicted for involuntary manslaughter and other charges on Thursday.
Christopher, of Ashford, Conn., lost control of the 9mm micro submachine gun as it recoiled while he was firing at a pumpkin Oct. 26 at the Machine Gun Shoot and Firearms Expo at the Westfield Sportsman's Club in western Massachusetts.
Pelham Police Chief Edward Fleury was charged because he owns the sponsor of the gun fair, COP Firearms & Training...
Bennett said prosecutors know of at least four children, including Christopher, who fired automatic weapons at the fair. He added that Fleury had wrongly assured Guiffre and Spano that it was legal for children to use the Uzi under Massachusetts law...
"It's all legal & fun — No permits or licenses required!!!!" reads the ad, posted on the club's Web site...
The ad also said children under 16 would be admitted free, and both adults and children were offered free .22-caliber pistol and rifle shooting.
Christopher's father was 10 feet behind him and reaching for his camera when the child fired the weapon.
Bennett said Charles Bizilj (pronounced bah-SEAL') had selected the compact weapon for his 4-foot-3, 66-pound son to fire after he was assured it was safe. He had thought the Uzi's small size made it safer, but the opposite was true, the prosecutor said.
"Although it might appear a heavier or longer weapon would be more dangerous, the small size of the weapon together with the rapid rate of fire made it more likely that an 8-year-old would lose control and the muzzle of the weapon would come close to his face, which is what happened here," he said.
The father was not charged because he was a layman and based his decision on information from others who should have known it was too dangerous, Bennett said. The 15-year-old boy who was supervising Christopher with the Uzi also will not be charged, he added...
By STEPHANIE REITZ, AP
Associated Press
SPRINGFIELD, Mass.
Dec. 4, 2008
Three men, including a small-town police chief, were indicted Thursday on involuntary manslaughter counts in the gun-fair death of an 8-year-old who accidentally shot himself in the head with an Uzi that a prosecutor said he never should have been allowed to handle.
The club where the fair was held also was charged. The fair had promised shooters would have certified instructors in an advertisement, but District Attorney William Bennett said the child, Christopher Bizilj, was supervised by an uncertified 15-year-old boy.
As his father watched, 8-year-old Christopher Bizilj died after accidentally shooting himself with an Uzi gun at a Massachusetts gun fair in October. A police chief and the men who brought the gun to the demonstration were indicted for involuntary manslaughter and other charges on Thursday.
Christopher, of Ashford, Conn., lost control of the 9mm micro submachine gun as it recoiled while he was firing at a pumpkin Oct. 26 at the Machine Gun Shoot and Firearms Expo at the Westfield Sportsman's Club in western Massachusetts.
Pelham Police Chief Edward Fleury was charged because he owns the sponsor of the gun fair, COP Firearms & Training...
Bennett said prosecutors know of at least four children, including Christopher, who fired automatic weapons at the fair. He added that Fleury had wrongly assured Guiffre and Spano that it was legal for children to use the Uzi under Massachusetts law...
"It's all legal & fun — No permits or licenses required!!!!" reads the ad, posted on the club's Web site...
The ad also said children under 16 would be admitted free, and both adults and children were offered free .22-caliber pistol and rifle shooting.
Christopher's father was 10 feet behind him and reaching for his camera when the child fired the weapon.
Bennett said Charles Bizilj (pronounced bah-SEAL') had selected the compact weapon for his 4-foot-3, 66-pound son to fire after he was assured it was safe. He had thought the Uzi's small size made it safer, but the opposite was true, the prosecutor said.
"Although it might appear a heavier or longer weapon would be more dangerous, the small size of the weapon together with the rapid rate of fire made it more likely that an 8-year-old would lose control and the muzzle of the weapon would come close to his face, which is what happened here," he said.
The father was not charged because he was a layman and based his decision on information from others who should have known it was too dangerous, Bennett said. The 15-year-old boy who was supervising Christopher with the Uzi also will not be charged, he added...
Sunday, October 26, 2008
Time to end dangerous and costly practice of regular police overtime
Here's the Voice of San Diego discussion of a fatigued San Diego police officer who accidentally killed his canine partner.
Thursday, September 11, 2008
Deputy who killed wife finally gets his plea deal: 15 years
By Ray Huard
SAN DIEGO UNION-TRIBUNE
September 11, 2008
SAN DIEGO COURTS – A former sheriff's deputy who shot and killed his wife during a fight in their Alpine home with their 4-year-old son in the room was sentenced to 15 years in prison yesterday...
Lowell Bruce was given the maximum sentence allowed by law after pleading guilty in August 2007 to voluntary manslaughter for the December 2006 death of Kristin Maxwell-Bruce, San Diego Superior Court Judge Michael D. Wellington said.
It took more than a year and three judges to finally impose the sentence.
Bruce, a deputy since 1998, initially was charged with murder. But in July 2007 prosecutors and defense lawyers proposed a deal under which he would plead guilty to voluntary manslaughter and get a 15-year prison sentence.
El Cajon Superior Court Judge Herbert J. Exarhos rejected the deal, saying it raised questions about whether Bruce was getting special treatment because of his job in law enforcement.
A second judge, Allan J. Preckel, later agreed to it but then changed his mind, saying he wanted the discretion to sentence Bruce to a longer or shorter term. In June, Preckel was removed from the case for what an Orange County judge said was an appearance of bias against Bruce, and the case was assigned to Wellington.
SAN DIEGO UNION-TRIBUNE
September 11, 2008
SAN DIEGO COURTS – A former sheriff's deputy who shot and killed his wife during a fight in their Alpine home with their 4-year-old son in the room was sentenced to 15 years in prison yesterday...
Lowell Bruce was given the maximum sentence allowed by law after pleading guilty in August 2007 to voluntary manslaughter for the December 2006 death of Kristin Maxwell-Bruce, San Diego Superior Court Judge Michael D. Wellington said.
It took more than a year and three judges to finally impose the sentence.
Bruce, a deputy since 1998, initially was charged with murder. But in July 2007 prosecutors and defense lawyers proposed a deal under which he would plead guilty to voluntary manslaughter and get a 15-year prison sentence.
El Cajon Superior Court Judge Herbert J. Exarhos rejected the deal, saying it raised questions about whether Bruce was getting special treatment because of his job in law enforcement.
A second judge, Allan J. Preckel, later agreed to it but then changed his mind, saying he wanted the discretion to sentence Bruce to a longer or shorter term. In June, Preckel was removed from the case for what an Orange County judge said was an appearance of bias against Bruce, and the case was assigned to Wellington.
Wednesday, September 03, 2008
Tom Condit and Chandra Levy: mirror images in Egypt?
Could the following story happen in America? It could, but it hasn't.
By HADEEL AL-SHALCHI
AP
Sept. 2, 2008
CAIRO, Egypt
An Egyptian lawmaker and business tycoon was arrested Tuesday in the death of a Lebanese pop singer, Egypt's chief prosecutor said, accusing the man of paying a former police officer $2 million to kill her.
Hisham Talaat, a lawmaker from the ruling party of President Hosni Mubarak, is accused of ordering the death of 30-year-old Suzanne Tamim, who was found decapitated in her Dubai apartment in July, chief prosecutor Abdel-Maguid Mahmoud told The Associated Press...
By HADEEL AL-SHALCHI
AP
Sept. 2, 2008
CAIRO, Egypt
An Egyptian lawmaker and business tycoon was arrested Tuesday in the death of a Lebanese pop singer, Egypt's chief prosecutor said, accusing the man of paying a former police officer $2 million to kill her.
Hisham Talaat, a lawmaker from the ruling party of President Hosni Mubarak, is accused of ordering the death of 30-year-old Suzanne Tamim, who was found decapitated in her Dubai apartment in July, chief prosecutor Abdel-Maguid Mahmoud told The Associated Press...
Saturday, August 09, 2008
Berwyn Heights Mayor Cheye Calvo and his wife Trinity Tomsic were victims of a mistaken police raid last week
My guess is that the police chief belonged to a different political party than Mayor Calvo. My opinion is, of course, influenced by watching San Diego District Attorney Bonnie Dumanis and her henchman Patrick O'Toole conduct political prosecutions for the past couple of years.
Police chief expresses regret over drug raid
By Gus G. Sentementes
Baltimore Sun
August 9, 2008
Prince George's County police Chief Melvin C. High said yesterday that a suburban Washington mayor and his wife were "innocent victims of drug traffickers" and expressed regret for the loss of the couple's dogs during a raid on his home last week.
Meanwhile, the FBI has opened an investigation into the actions of the county police officers who burst into the house of Berwyn Heights Mayor Cheye Calvo and shot the dogs. Calvo and his mother-in-law were handcuffed after the officers mistakenly suspected he was involved in shipping marijuana to his home.
Special Agent Richard Wolf, a spokesman for the FBI's Baltimore field office, said the agency has opened a civil rights investigation upon the request of Calvo...
The innocent bystander turned out to be the perpetrator
Bruce Ivins was able to shift suspicions to Steven Hatfill.
In Anthrax Case, Hindsight Shifts View of Ivins Actions to Aid Probe Appear Now As Cover-Up
By ELIZABETH WILLIAMSON and SIOBHAN GORMAN
August 9, 2008
Bruce Ivins...took an overdose of painkillers and died in an apparent suicide last week. The FBI said the government scientist was close to being charged in 2001's deadly anthrax attacks.
One night in autumn 2001, as the U.S. reeled from the worst act of bioterrorism in its history, Bruce Ivins was alone in his cluttered Fort Detrick, Md., office, scrubbing phones, walls and furniture.
For colleagues, this was proof of the anthrax scientist's attention to safety. From a distance of seven years, it might be evidence of his guilt.
Like the detective in Agatha Christie's play "Mousetrap" who turned out to be the murderer, Dr. Ivins played a haunting dual role in the anthrax mystery, federal law-enforcement agents say. He was part of the team that examined the poisoned letters. Investigators say he implicated other scientists and submitted incomplete samples to throw them off-track...
In Anthrax Case, Hindsight Shifts View of Ivins Actions to Aid Probe Appear Now As Cover-Up
By ELIZABETH WILLIAMSON and SIOBHAN GORMAN
August 9, 2008
Bruce Ivins...took an overdose of painkillers and died in an apparent suicide last week. The FBI said the government scientist was close to being charged in 2001's deadly anthrax attacks.
One night in autumn 2001, as the U.S. reeled from the worst act of bioterrorism in its history, Bruce Ivins was alone in his cluttered Fort Detrick, Md., office, scrubbing phones, walls and furniture.
For colleagues, this was proof of the anthrax scientist's attention to safety. From a distance of seven years, it might be evidence of his guilt.
Like the detective in Agatha Christie's play "Mousetrap" who turned out to be the murderer, Dr. Ivins played a haunting dual role in the anthrax mystery, federal law-enforcement agents say. He was part of the team that examined the poisoned letters. Investigators say he implicated other scientists and submitted incomplete samples to throw them off-track...
Thursday, August 07, 2008
20-year-old kills self after police say, "Are you a coward?"
video
Oceanside police accused of negligence after man's suicide
Oceanside police accused of negligence after man's suicide
Saturday, August 02, 2008
Personality of a killer: church-going, jolly family man
How can you tell who will become a killer?
The answer is surprising in the case of the man suspected of sending anthrax powder in the US mail in 2001.
http://www.nytimes.com/2008/08/02/us/02scientist.html?em#
New York Times
By SARAH ABRUZZESE and ERIC LIPTON
August 2, 2008
FREDERICK, Md. — Bruce E. Ivins arrived last month for a group counseling session at a psychiatric center here in his hometown with a startling announcement: Facing the prospect of murder charges, he had bought a bulletproof vest and a gun as he contemplated killing his co-workers at the nearby Army research laboratory...
To some of his longtime colleagues and neighbors, it was a startling and inexplicable turn of events for a churchgoing, family-oriented germ researcher known for his jolly disposition — the guy who did a juggling act at community events and composed satiric ballads he played on guitar or piano to departing co-workers.
“He did not seem to have any particular grudges or idiosyncrasies,” said Kenneth W. Hedlund, a retired physician who once worked alongside Dr. Ivins at the Army Medical Research Institute of Infectious Diseases in Frederick. “He was the last person you would have suspected to be involved in something like this.”
The answer is surprising in the case of the man suspected of sending anthrax powder in the US mail in 2001.
http://www.nytimes.com/2008/08/02/us/02scientist.html?em#
New York Times
By SARAH ABRUZZESE and ERIC LIPTON
August 2, 2008
FREDERICK, Md. — Bruce E. Ivins arrived last month for a group counseling session at a psychiatric center here in his hometown with a startling announcement: Facing the prospect of murder charges, he had bought a bulletproof vest and a gun as he contemplated killing his co-workers at the nearby Army research laboratory...
To some of his longtime colleagues and neighbors, it was a startling and inexplicable turn of events for a churchgoing, family-oriented germ researcher known for his jolly disposition — the guy who did a juggling act at community events and composed satiric ballads he played on guitar or piano to departing co-workers.
“He did not seem to have any particular grudges or idiosyncrasies,” said Kenneth W. Hedlund, a retired physician who once worked alongside Dr. Ivins at the Army Medical Research Institute of Infectious Diseases in Frederick. “He was the last person you would have suspected to be involved in something like this.”
Friday, August 01, 2008
Hatfill was innocent; suspected anthrax killer Ivins kills himself
Anthrax Suspect Commits Suicide
By MATT APUZZO and LARA JAKES JORDAN, AP
Federal prosecutors investigating the 2001 anthrax attacks were planning to indict and seek the death penalty against a top Army microbiologist in connection with anthrax mailings that killed five people...
The scientist, Bruce E. Ivins...killed himself this week.
...prosecutors were closing in on Ivins, 62. They were planning an indictment that would have sought the death penalty for the attacks, which killed five people, crippled the postal system and traumatized a nation still reeling from the Sept. 11 attacks.
Authorities were investigating whether Ivins released the anthrax as a way to test his vaccine, officials said.
...Russell Byrne, a colleague who worked in the bacteriology division of the Fort Detrick research facility ...said Ivins was forcefully removed from his job by local police recently because of fears that he had become a danger to himself or others. The investigation led to Ivins being hospitalized for depression earlier this month, Byrne said.
...The Los Angeles Times, which first reported that Ivins was under suspicion, said the scientist had taken a massive dose of a prescription Tylenol mixed with codeine.
...
In late June, the government exonerated a colleague of Ivins', Steven Hatfill...
By MATT APUZZO and LARA JAKES JORDAN, AP
Federal prosecutors investigating the 2001 anthrax attacks were planning to indict and seek the death penalty against a top Army microbiologist in connection with anthrax mailings that killed five people...
The scientist, Bruce E. Ivins...killed himself this week.
...prosecutors were closing in on Ivins, 62. They were planning an indictment that would have sought the death penalty for the attacks, which killed five people, crippled the postal system and traumatized a nation still reeling from the Sept. 11 attacks.
Authorities were investigating whether Ivins released the anthrax as a way to test his vaccine, officials said.
...Russell Byrne, a colleague who worked in the bacteriology division of the Fort Detrick research facility ...said Ivins was forcefully removed from his job by local police recently because of fears that he had become a danger to himself or others. The investigation led to Ivins being hospitalized for depression earlier this month, Byrne said.
...The Los Angeles Times, which first reported that Ivins was under suspicion, said the scientist had taken a massive dose of a prescription Tylenol mixed with codeine.
...
In late June, the government exonerated a colleague of Ivins', Steven Hatfill...
Monday, July 14, 2008
Los Angeles tried to create scapegoats in the Ramparts scandal
HARPER v. CITY OF LOS ANGELES
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
No. 06-55519
D.C. No. CV-03-00959-CJC
Filed July 14, 2008
Before: Jerome Farris and Richard A. Paez, Circuit Judges,
and Frederic Block,* District Judge.
Opinion by Judge Paez
COUNSEL
Edward J. Horowitz, Office of Edward J. Horowitz, Pacific
Palisades, California; Dale B. Goldfarb, Harrington, Foxx,
Dubrow & Canter, Los Angeles, California, for the
defendants-appellants.
Jeffrey Isaac Ehrlich, The Ehrlich Law Firm, Claremont, California;
Joseph Y. Avrahamy, Law Offices of Joseph Y.
Avrahamy, Encino, California; Etan Z. Lorant, Law Offices
of Etan Z. Lorant, Encino, California, for the plaintiffsappellees.
OPINION
PAEZ, Circuit Judge:
This case arises from the Los Angeles Police Department’s
(“LAPD”) investigation and prosecution of three former
police officers, Paul Harper, Brian Liddy, and Edward Ortiz.
These officers were implicated in wrongdoing by former
LAPD officer Rafael Perez in an event that came to be known
as the “Rampart Scandal”—an event that, based on Perez’s
own unlawful conduct and his allegations of corruption at the
Rampart Division, launched an internal investigation that ultimately
implicated scores of police officers, overturned dozens
of convictions, and generated intense media scrutiny. The
criminal charges against these officers resulted in acquittals.
Harper, Liddy, and Ortiz (the “Officers”) subsequently
brought suit against a number of actors, including Perez, the
district attorneys, the City of Los Angeles, and former Chief
of Police Bernard Parks for violations of their constitutional
civil rights under 42 U.S.C. § 1983, contending among other
claims that the defendants had conducted an improper and
negligent investigation, and that they had been arrested without
probable cause for falsifying a police report and conspiring
to file such a report.
The Officers’ claims against the County of Los Angles,
District Attorney Gil Garcetti, Rafael Perez, and Deputy District
Attorneys Laesecke and Ingalls were dismissed on Federal
Rule of Civil Procedure 12(b)(6) motions or motions for
summary judgment, and the case proceeded to trial against the
City of Los Angeles and Chief Parks (“the City”). After an
eleven-day trial, the jury returned a special verdict in favor of
the Officers, finding that the Officers’ constitutional rights
were violated by the City and by Chief Parks in his official
capacity.1 The jury awarded each officer compensatory damages
in the amount of $5,000,001. The City thereupon filed a
number of post-judgment motions, including a renewed
motion under Rule 50(b) for judgment as a matter of law. The
district court denied the motions, and the City appealed. We
affirm. “[W]e do not lightly cast aside the solemnity of the
jury’s verdict.” Graves v. City of Coeur D’Alene, 339 F.3d
828, 844 (9th Cir. 2003). Both the jury’s verdict and the jury’s
damages award are supported by substantial evidence. We
also affirm the district court’s challenged evidentiary rulings.
Because we affirm both the verdict and the district court’s
determination on the post-judgment motions, we also affirm
the district court’s award for attorney’s fees under 42 U.S.C.
§ 1988.2
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
No. 06-55519
D.C. No. CV-03-00959-CJC
Filed July 14, 2008
Before: Jerome Farris and Richard A. Paez, Circuit Judges,
and Frederic Block,* District Judge.
Opinion by Judge Paez
COUNSEL
Edward J. Horowitz, Office of Edward J. Horowitz, Pacific
Palisades, California; Dale B. Goldfarb, Harrington, Foxx,
Dubrow & Canter, Los Angeles, California, for the
defendants-appellants.
Jeffrey Isaac Ehrlich, The Ehrlich Law Firm, Claremont, California;
Joseph Y. Avrahamy, Law Offices of Joseph Y.
Avrahamy, Encino, California; Etan Z. Lorant, Law Offices
of Etan Z. Lorant, Encino, California, for the plaintiffsappellees.
OPINION
PAEZ, Circuit Judge:
This case arises from the Los Angeles Police Department’s
(“LAPD”) investigation and prosecution of three former
police officers, Paul Harper, Brian Liddy, and Edward Ortiz.
These officers were implicated in wrongdoing by former
LAPD officer Rafael Perez in an event that came to be known
as the “Rampart Scandal”—an event that, based on Perez’s
own unlawful conduct and his allegations of corruption at the
Rampart Division, launched an internal investigation that ultimately
implicated scores of police officers, overturned dozens
of convictions, and generated intense media scrutiny. The
criminal charges against these officers resulted in acquittals.
Harper, Liddy, and Ortiz (the “Officers”) subsequently
brought suit against a number of actors, including Perez, the
district attorneys, the City of Los Angeles, and former Chief
of Police Bernard Parks for violations of their constitutional
civil rights under 42 U.S.C. § 1983, contending among other
claims that the defendants had conducted an improper and
negligent investigation, and that they had been arrested without
probable cause for falsifying a police report and conspiring
to file such a report.
The Officers’ claims against the County of Los Angles,
District Attorney Gil Garcetti, Rafael Perez, and Deputy District
Attorneys Laesecke and Ingalls were dismissed on Federal
Rule of Civil Procedure 12(b)(6) motions or motions for
summary judgment, and the case proceeded to trial against the
City of Los Angeles and Chief Parks (“the City”). After an
eleven-day trial, the jury returned a special verdict in favor of
the Officers, finding that the Officers’ constitutional rights
were violated by the City and by Chief Parks in his official
capacity.1 The jury awarded each officer compensatory damages
in the amount of $5,000,001. The City thereupon filed a
number of post-judgment motions, including a renewed
motion under Rule 50(b) for judgment as a matter of law. The
district court denied the motions, and the City appealed. We
affirm. “[W]e do not lightly cast aside the solemnity of the
jury’s verdict.” Graves v. City of Coeur D’Alene, 339 F.3d
828, 844 (9th Cir. 2003). Both the jury’s verdict and the jury’s
damages award are supported by substantial evidence. We
also affirm the district court’s challenged evidentiary rulings.
Because we affirm both the verdict and the district court’s
determination on the post-judgment motions, we also affirm
the district court’s award for attorney’s fees under 42 U.S.C.
§ 1988.2
Friday, July 11, 2008
Cops get hysterical, falsely claim cookies laced with drugs
An innocent 18-year-old spent a night in jail because police got the idea that the cookies he delivered were laced with drugs, then claimed that they had evidence to prove their hunch. It turned out that the deliveries were part of a court-ordered community service program.
Here is a story that was published BEFORE tests proved the cookies were clean.
July 10, 2008
By DAN X. McGRAW
The Dallas Morning News
dmcgraw@dallasnews.com
Police officers in Blue Mound didn't think much of the cookies dropped off at their station Monday night – until they got a whiff of them.
Overpowering the chocolate chips was the pungent smell of marijuana, police said. [Note: this turned out to be a figment of the police officers' imaginations.]
"It reeked of it," said Lt. Thomas Cain, a Blue Mound police spokesman. "It wasn't hard to tell. Anyone that's been around marijuana before would have known."
Christian Phillips Christian Phillips, 18, of Watauga was arrested Tuesday after authorities said he tried to deliver a batch of cookies that later tested positive for LSD to the nearby Lake Worth police station...
The cookies, which tested positive for marijuana [note: this report was later proved false], were not eaten by anyone in Blue Mound, he said...
Police arrested Mr. Phillips around 10:30 a.m. Tuesday when he attempted to drop off cookies in Lake Worth, officers said...
Here is a story that was published BEFORE tests proved the cookies were clean.
July 10, 2008
By DAN X. McGRAW
The Dallas Morning News
dmcgraw@dallasnews.com
Police officers in Blue Mound didn't think much of the cookies dropped off at their station Monday night – until they got a whiff of them.
Overpowering the chocolate chips was the pungent smell of marijuana, police said. [Note: this turned out to be a figment of the police officers' imaginations.]
"It reeked of it," said Lt. Thomas Cain, a Blue Mound police spokesman. "It wasn't hard to tell. Anyone that's been around marijuana before would have known."
Christian Phillips Christian Phillips, 18, of Watauga was arrested Tuesday after authorities said he tried to deliver a batch of cookies that later tested positive for LSD to the nearby Lake Worth police station...
The cookies, which tested positive for marijuana [note: this report was later proved false], were not eaten by anyone in Blue Mound, he said...
Police arrested Mr. Phillips around 10:30 a.m. Tuesday when he attempted to drop off cookies in Lake Worth, officers said...
Sunday, June 29, 2008
Did false accusations in anthrax case lead to failure to find perpetrator?
One of the problems with false accusations is that they tend to stop investigations from going in the right direction.
Washington Post
June 28, 2008
Doctor Who Was Target in U.S. Anthrax Probe, Wins Multimillion Dollar Settlement
The physician and bio-researcher who the U.S. Justice department identified as a "person of interest" in the bizarre series of anthrax incidents that killed 5 people beginning in 2001 has settled his lawsuit against the government.
TheNew York Timesreports that Dr. Steven Hatfill will receive almost $3 million in cash and an additional $150,000 annually for the next 20 years to settle a lawsuit he filed in 2003, charging the FBI and U.S. Justice Department with leaking information to the news media in order to link him to the mailing of letters that contained anthrax spores.
Hatfill has consistently denied having anything to do with the anthrax incidents, in which five people died after inhaling the spore particles and another 17 were hospitalized, in 2001 and 2002.
U.S. Justice Department officials have never explained why Hatfill was such a prominent figure in the investigation, and a government statement said only that the government admitted no liability but decided settlement was "in the best interest of the United States," the newspaper reported.
Washington Post
June 28, 2008
Doctor Who Was Target in U.S. Anthrax Probe, Wins Multimillion Dollar Settlement
The physician and bio-researcher who the U.S. Justice department identified as a "person of interest" in the bizarre series of anthrax incidents that killed 5 people beginning in 2001 has settled his lawsuit against the government.
TheNew York Timesreports that Dr. Steven Hatfill will receive almost $3 million in cash and an additional $150,000 annually for the next 20 years to settle a lawsuit he filed in 2003, charging the FBI and U.S. Justice Department with leaking information to the news media in order to link him to the mailing of letters that contained anthrax spores.
Hatfill has consistently denied having anything to do with the anthrax incidents, in which five people died after inhaling the spore particles and another 17 were hospitalized, in 2001 and 2002.
U.S. Justice Department officials have never explained why Hatfill was such a prominent figure in the investigation, and a government statement said only that the government admitted no liability but decided settlement was "in the best interest of the United States," the newspaper reported.
Tuesday, May 27, 2008
Border Patrol Corruption Increasing
What's the point in building a fence when our own agents allow illegal entry at the main gate?
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