JAYCEE LEE DUGARD AND THE STOCKHOLM SYNDROME

Jaycee Lee Dugard and her two children were rescued 18 years after she was kidnapped in South Lake Tahoe at age 11. During the 18 year period her alleged kidnapper, Phillip Garrido fathered her two children, now aged 11 and 15. She was hidden away in tents and a shed in back of Garrido’s Antioch, California residence. The question is why didn’t Dugard escape with her two children. She certainly had chances. At one point there was a report that […] Read more »

FIRST CIRCUIT UPHOLDS $100,000,000 AWARD AGAINST THE FBI

In 1965 Edward Deegan was killed by the mob in Chelsea, Massachusetts. Initially the police suspected a group of gangsters including Joseph Barboza, Jimmi Flemmi, Roy French, Joseph Martin, and Ronald Cassesso. But the police were unable to prove the case against them. Two years later Barboza, now an FBI snitch, pointed the finger at among others, Peter Limone, Sr., Enrico Tameleo, Louis Greco, Sr., and Joseph Salvati. With his help and the support of the FBI they were convicted. […] Read more »

MEXICO REMOVES CUSTODIAL PENALTIES FOR POSSESSION OF PERSONAL USE QUANTITIES OF DRUGS

Mexico has removed custodial penalties for possession of personal use quantities of drugs. But many law enforcement agents along the border are upset that the change in Mexican law will make it easier for Americans to go to Mexico, purchase drugs, and bring them back across the border. Other countries in Central and South America have taken similar steps. Brazil and Uruguay have removed jail penalties for possession of personal use quantities. Columbia has removed jail as a penalty for […] Read more »

TENTH CIRCUIT UPHOLDS AUTOMOBILE SEARCH FOR LACK OF PROOF OF STANDING

The Tenth Circuit Court of Appeals upheld a search of a vehicle in United States v. Parada where the defendant provided no evidence that he had standing to challenge the search of a cooler full of PCP in the vehicle. Norman A. Parada was a passenger in a rented vehicle traveling from Los Angeles to Virginia. He was one of four people in the vehicle. The ability to challenge an illegal search is a personal right and only those who […] Read more »

TENTH CIRCUIT REVERSES CONVICTION FOR ERRONEOUS ADMISSSION OF BAD ACTS EVIDENCE

The Tenth Circuit Court of Appeals in United States v. Commanche reversed a conviction for assault with serious bodily injury based upon the improper admission of two aggravated battery convictions. Bryan Commanche got into a fight after a friend punched him, accusing him of getting too close to the friend’s girl friend. He pulled out a box cutter and wounded the aggressor who was considerably bigger than Commanche. At trial he claimed that he acted in self defense but the […] Read more »

GOVERNOR SCHWARZENEGGER AFFIRMS PAROLE BOARD DECISION TO RELEASE ABUSED WOMAN ON PAROLE

California Governor Arnold Schwarzenegger upheld a State Board of Parole Hearings decision releasing Deborah Peagler from prison. Peagler was serving a 25 year to life sentence for the murder of an abusive boy friend. She has lung cancer and according to doctors she has only months to live. California rarely grants parole to inmates with life sentences. According to UC Berkeley Law Professor and associate dean of the campus’s Jurisprudence and Social Policy program Jonathan Simon there are currently approximately […] Read more »

SIXTH CIRCUIT UPHOLDS CONVICTION DESPITE HEARSAY CLAIM

Thomas A. Davis was convicted in the Western District of Michigan of possession of a weapon by a convicted felon. He appealed to the Sixth Circuit Court of Appeals on two grounds. First he argued that hearsay was admitted at trial and second he argued that there was insufficient evidence to convict him. The evidence at trial showed that Davis and a friend spent several days joyriding in a rented Chevrolet Cobalt. On July 10, 2007 Ronica McIntyre saw Davis, […] Read more »

CALIFORNIA TURNS DOWN MICHIGAN OFFER OF PRISON BEDS

California prisons are under a Federal Court are so over crowded that a special three judge Federal panel ordered them to reduce the inmate count by over 40,000. Michigan’s budget problems are so great that they are closing prisons and laying off guards. Michigan governor Jennifer Granholm offered to house California prisoners for a price. After all Michigan has enough unemployed without adding the prison guards to it. It sounds like a win-win situation. Thank you but no thank you […] Read more »

SUPREME COURT ORDERS HEARING TO DETERMINE INNOCENCE OF TROY DAVIS

The Supreme Court on an original petition for habeas corpus ordered the US District Court for the Southern District of Georgia to hold hearings and to decide whether evidence developed since the trial of Troy Davis establishes Davis’ innocence. Troy Davis was charged with and convicted of the murder of an off duty Georgia police officer. Nine witnesses testified for the prosecution at trial. Seven of these witnesses have recanted. This will give a Federal judge the power to listed […] Read more »

CONVICTION REVERSED FOR WARRANTLESS SEARCH

The Eighth Circuit Court of Appeals reversed the conviction in a case where the District court wrongly denied the defendant motion to dismiss on illegal search and seizure grounds. Two United States marshals went to the Missouri residence of Gary McMullin, looking for Daryl Crowder who was wanted on an Illinois warrant. While Marshall Newlin knocked at the front door, Marshall Davis covered the back door. McMullin consented to Newlin coming in and he told the marshal that he was […] Read more »