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Lexington, South Carolina Criminal Law Blog

Defense rests in John Edwards Trial

The defense team rested its case in the John Edwards trial this week. The defense took three days to present its case, in contrast to the prosecution's three weeks. Edwards is on trial for alleged campaign finance law violations in his 2008 campaign for the Democratic presidential nomination.

Prosecutors were trying to prove that Edwards committed federal crimes by using oversized donations to his campaign to hide his extramarital affair and, thus, to help his campaign. Edwards' attorneys countered that the nearly $1 million funneled to Edwards' mistress was given as gifts by two wealthy friends. He says that the money helped to hide the mistress from his dying wife and family more than to help him save face with his campaign.

Football player facing DUI charges

Brandon Meriweather was recently in the news for suspicion of impaired driving. He was treated by police just as if he were any other person, despite the fact that he is a professional football player who recently signed a contract for $6 million to play for the Washington Redskins.

The charges stem from an incident that occurred in the early morning hours. According to the arresting officer, Meriweather was speeding, traveling almost 20 m.p.h. more than the posted speed limit.

Drones could be used soon for police surveillance efforts

The FAA has been directed by Congress to develop rules by May 14 on how drones used by police can be used safely in airspace, so as to prevent interference with commercial aircraft. Some groups invested in protecting civil liberties, however, say more time needs to be taken to determine how drones can be operated without interfering with citizens' privacy rights.

Drones are unmanned aircraft that vary in size. The FAA is currently making rules regarding small drones below 4.4 pounds that are operated in daylight hours and below 400 feet into the air. These drones could be used for traffic reports, crop dusting, scoping out real estate or finding missing or lost people. Drones could also potentially be used by police to collect information on those they suspect of committing crimes, such as drug trafficking, or just any citizen who happens to be in view of the drones' cameras and sensors.

Discredited cycling champ still under investigation

Back in 2006, Floyd Landis tested positive for synthetic testosterone use. The former professional bicyclist continues to be in the news, but this time it is because he is being investigated by the FBI on possible criminal fraud charges. Cycling enthusiasts in South Carolina have likely been following his story.

It began back at least as early as 2002 when Landis has admitted he used performance enhancing drugs as a member of a cycling team. In 2006, he won the Tour de France title, a title that he was stripped of after arbitrators upheld the finding that he had tested positive for performance drug use.

Bikini Girl charged with DUI, hit-and-run

There is a 24-year-old woman whose major claim to fame may be that she tried out for a spot on "American Idol" wearing only a bikini. South Carolina fans of that show may remember her by her more common moniker, Bikini Girl.

Most recently, Bikini Girl has been in the news for being charged with drunk driving and leaving the scene of an accident. The incident occurred in March in a state on the other side of the country. Authorities allege that she ran a red light. This resulted in her crashing into another car. An officer stopped her a block later and claimed that she was attempting to leave the scene of the accident.

Edwards' federal criminal trial continues

John Edwards' federal criminal trial continues today with cross-examination by the defense of the prosecution's key witnesses. According to court watchers, the defense team is trying to paint the picture that former aide, Andrew Young, is an opportunist who lacks credibility. The defense team wants to show that Young profited from Edwards - both from his initial success as a presidential candidate and, later, from his fall from grace in the midst of a scandal involving a mistress and a child born of the affair.

Edwards is facing six criminal charges related to campaign finance violations. Edwards has pleaded not guilty. These charges usually result in civil penalties, but the Department of Justice is prosecuting Edwards in North Carolina for federal white collar crimes for the alleged campaign finance violations.

John Edwards' trial on federal criminal charges begins: Part 2

As discussed in the previous post, the federal criminal trial has begun for John Edwards in which he is accused of violating campaign finance laws during his 2008 presidential campaign. Edwards is accused of knowingly and willfully violating campaign finance laws through accepting donations from wealthy benefactors in order to cover up an extramarital affair and a child born of the affair in order to keep his presidential campaign intact.

Some point out that such charges have only resulted in civil penalties before, not criminal charges. The Citizens for Responsibility and Ethics in Washington has actually criticized the Justice Department for its prosecution of Edwards, even though it generally supports any cracking down by the Justice Department on corruption in politics.

John Edwards' trial on federal criminal charges begins: Part 1

The prosecution has begun presenting its case against John Edwards in a federal criminal trial that accuses Edwards of campaign finance violations. Edwards is accused of improperly using funds meant to further his campaign to cover up a scandal involving a mistress and a child born of the extramarital affair.

Edwards and his defense attorneys maintain that the funds donated by two wealthy benefactors were gifts to him to use as he saw fit, rather than donations meant for his campaign. Edwards has pleaded not guilty to the six criminal charges. He could face up to 30 years in prison if convicted and up to $1.5 million in fines and penalties.

Doesn't take much to be certified a "forensic consultant"

The investigative news organization, ProPublica, has been working on an ongoing examination of the death investigation system in the U.S. ProPublica has revealed through its investigative pieces that there are many gaps in the system that can lead to the prosecution and conviction of innocent people for murder, sex crimes and child abuse.

The problems include the fact that there are no national standards for the system. Other problems with the system include the fact that it can be too easy to be certified to perform autopsies. This means that people who may not be qualified to be judging how a person died may be coming to faulty conclusions that lead to wrongful convictions.

New evidence refutes grandmother's child abuse conviction: Part 2

As discussed in the previous post, a grandmother who was convicted of felony child endangerment in the death of her grandson but later released from prison, may need to return to prison to complete her sentence after the U.S. Supreme Court ruled against her. The U.S. Supreme Court ruled that the federal appeals court that overturned her conviction overstepped its authority by undermining the jury's original decision to convict based on the medical evidence given at trial.

Many medical experts have cast doubt on that evidence from 1996, however. Some pathologists in the coroner's office that originally investigated the child's death and testified against the grandma still believe that the child's death was a homicide. Another pathologist in the same office, however, recently concluded that the child did not die of abuse, but may have suffocated from sleeping on a couch cushion face down.

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