November 18, 2007

Mike Nifong and The Duke Lacross Case

Durham District Attorney Mike Nifong stated publicly that a small group of lacrosse players from Duke University raped a woman. After putting these young men and the University through a living hell, it was Nifong who was the ultimate wrong doer. He has had his bar license taken from him and he, himself, is facing criminal charges. Don’t fool yourself. The Nifong problem is not isolated to Durham, North Carolina. Quite often, I find reasonable doubt that is clearly obvious in a court file provided by the prosecutor; however, the young and inexperienced prosecutor, fueled by their need for trial experience and/or directed by a supervising district attorney looking to make a name for him or herself pushes the case to trial. Regardless of what the underlying reason is, the issue is people’s lives. Things happen. People make mistakes, whether they are the a private person or public employees like law enforcement detectives, police officers and/or criminalists. D.A.’s should focus on the facts. If there is a questionable issue in a case the case should be either dismissed or reduced to give a wake up call to a person who MAY have made a mistake. What shouldn’t happen is a case being pushed to trial when the facts are questionable or reasonable doubt exists from the facts. Either way, if you are the unlikely sole looking at criminal charges, you better be ready to fight like hell.

October 17, 2007

Senator Craig is Guilty, But Not of a Crime

Oh, the perils of following one’s knee-jerk reaction when faced with criminal prosecution for an alleged wrongdoing. Three-term United States Senator, Larry Craig from Idaho, acted entirely foolish by pleading guilty to “lewd conduct ” after he was allegedly observed by an officer foot-tapping and waiving his hand under the adjacent stall at a bathroom at the Minneapolis airport last June.

Apparently, this gesture is code for “let’s engage in hanky-panky right here in the john.” A critical piece of this strange puzzle is that the recipient of the “signals” was a sting officer, who was being paid to sit in the bathroom all day, on the prowl for perps. The scenario was quite different from being “caught in the act,” as it were.

The Idaho statute is very similar to California Penal Code 647a . This statute makes it a misdemeanor offense to touch one’s private parts in public for the purposes of sexual gratification when others may be present who may be offended by it. Police in Los Angeles, Orange County and San Diego are notorious for setting up similar bathroom operations to entrap people into engaging in Lewd Conduct or Lewd Acts in Public .

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September 29, 2007

Rodman Investigated For Sexual Battery In Orange County Bar Incident

Barely a week after OJ Simpson’s much-publicized arrest in Las Vegas on robbery and kidnapping charges in connection with sports memorabilia, basketball’s bad boy Dennis Rodman got into his share of trouble yet again. According to the celebrity Web site TMZ.com, Rodman is now being investigated for slapping a woman’s rear at Hennessy’s Tavern in Dana Point.

The Web site quotes a source who says Rodman hit the woman so hard that it left a “major mark.” But Rodman’s agent denied those charges saying that this was just another woman trying to get money out of the former star rebounder.

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September 25, 2007

Orange County Personal Trainer Faces Sexual Battery Charges

Sex charges, especially when you are a medical professional or a masseuse, can essentially mean an end to your career. People in these professions are walking a tightrope these days. Even school teachers are no exception to this fact. There is always the question of what is inappropriate touching and what is not. The law is very clear on that, but people are not.

We don’t know exactly which category the following story falls into, but it is a good example of how someone’s career may soon become non-existent because of the charges he is facing. According to a news report in The Orange County Register, a Newport Beach personal trainer is facing sexual battery charges and is being accused of inappropriately touching a female customer who was getting a massage from him Sept. 17.

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July 9, 2007

Former Dance Instructor in Orange County Faces Pornography and Sexual Assault Charges

A former Orange County dance instructor faces charges of child pornography and sexual assault after one of the girls who attended the school found a hidden camera in the instructor’s home bathroom where he encouraged the girls to change their clothes.

According to a news article in The Orange County Register, 28-year-old Jason Alan Marian of Aliso Viejo was a former part-time dance teacher at the Mission Viejo Dance and Performing Arts Center in Laguna Niguel. Both Marian and his wife, who was also an instructor at that school, were fired in April after one of eight girls invited to the couple’s home for a party found a hidden camera in the restroom and turned it over to her father who in turn gave it to Orange County Sheriff’s Department officials. The article says the girl who found the camera was between 10 and 14 years old at the time.

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May 17, 2007

Jury Acquits Spanaway Man of Bestiality Charge

A Tacoma, Wash. jury on May 9 acquitted a man accused of having sex with the family dog, according to an Associated Press news report posted on KIRO TV’s Website.

Michael Patrick McPhail, 26, of Spanaway, was found not guilty in Pierce County Superior Court of first-degree animal cruelty, a felony. Assistant Pierce County Prosecutor Karen Watson said last fall that McPhail was the first person charged in the county under a new state law that made bestiality a felony.

McPhail held that his wife made up the story because she was seeking to end their marriage.

“I'm glad that justice was able to see it wasn't an action of my doing,” McPhail told reporters as he left the court building.

According to the Associated Press report, his wife, Jesika McPhail, contacted police and told officials that she had caught her husband engaged in sexual intercourse with their pit bull, Sara, last October. The case generated outrage among animal welfare advocates across the globe, many of whom called for McPhail to be prosecuted to the fullest extent of the law.

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