South Carolina Criminal Attorney Blog | Lexington DUI Lawyer | Richland Fraud Defense Law Firm

Defense rests in John Edwards Trial

2012-05-18T23:02:43Z

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.

]]> Some legal commentators who closely watched the case in neighboring North Carolina told the media that they believed keeping the trial short for the defense could be sending a message to the jury that the defense is confident that the facts tell the story and that all the salacious details laid out by the prosecution are fluff. Neither the prosecution nor the defense called Edwards' former mistress to the stand as she has been described as unpredictable.

Edwards did not testify on his own behalf. Even though he was a successful trial attorney before getting into politics, he may have been unsympathetic with the jury when cross-examined by the prosecution on the lies he told while his wife was dying of cancer. The next post will further discuss this interesting case.

Source: Los Angeles Times, "Defense rests case in John Edwards trial, without Rielle Hunter," Richard Simon, May 16, 2012

Football player facing DUI charges

2012-05-09T18:18:55Z

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.

]]> He was pulled over and questioned, at which point police say they suspected that the football player had been drinking. When questioned where he was, he told the police he had been at a nightclub.

They asked him to submit to a breath test, which he refused. The police then initiated a field sobriety test in order to make a determination as to whether he was legally intoxicated without the evidence of a breath test. Allegedly he failed this test, which presumably would have included such items as reciting the alphabet and standing on one foot.

He was then arrested and charged with DUI and refusal to take a breath test. These are serious charges that will require an aggressive criminal defense.

It is important for South Carolina drivers to remember that they have the legal right to remain silent and not answer questions that the police may pose. They also have the right to refuse to submit to a field sobriety test and a breath test.

Whether one should submit to these tests, is best answered by a knowledgeable DUI defense attorney who can assess the situation. If you have been stopped on suspicion of drunk driving, then you should use your right to request an attorney before making these decisions on your own.

Source: The Washington Post, "Redskins safety Brandon Meriweather is arrested on drunk driving charges," Matt Zapotosky, April 26, 2012

Drones could be used soon for police surveillance efforts

2012-05-07T15:05:38Z

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.

]]> The FAA must also come up with rules by 2015 for all drones operated by corporations or individuals. The May 14 deadline is for developing rules for drones operated by police, fire departments and other public safety groups. Police have been buying drones, but have not yet used them if not part of a special pilot project because they are waiting for the FAA to say how they can be used. The rules will only determine airspace safety, however, and not questions of how the information gathered can be used.

Source: Los Angeles Times, "Police departments wait for FAA clearance to fly drones," Brian Bennett, April 29, 2012

Discredited cycling champ still under investigation

2012-05-04T23:24:10Z

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.

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During that time period he proclaimed his innocence and was able to raise approximately $1 million for his legal defense. This money was held in trust for his benefit, in the Floyd Fairness Fund. He went through two rounds of arbitration hoping to prove that he was innocent and that the test was scientifically flawed. However, he was unsuccessful.

Since that time, in 2010 he has come clean and admitted that, in fact, he had used performance enhancing drugs during his career. He continued to maintain that he did not use synthetic testosterone during his win of the 2006 Tour de France. He said that he intended to pay back small donors who contributed to the fund, but has yet to do so as he remains unemployed.

Now, federal investigators have spent more than a year gathering evidence and witness testimony concerning the Floyd Fairness Fund. They are considering allegations of possible fraud with the fund and the possibility that the money was not spent for Landis' legal defense, but for his own personal benefit.

South Carolina residents should be aware that this type of extensive, ongoing investigation by federal authorities is fairly typical. Before bringing federal criminal fraud charges, prosecutors tend to gather all possible evidence in the aggressive pursuit of those believed to have broken the law.

Source: ESPN, "Feds investigate Floyd Landis' fund," Bonnie D. Ford, April 26, 2012

Bikini Girl charged with DUI, hit-and-run

2012-05-02T23:44:05Z

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.

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The police administered a breath test to measure her blood alcohol content. The result of that test, authorities claim, was that her BAC was twice the legal limit for alcohol.

She was then charged with DUI, and with leaving the scene of an accident.

This story shows South Carolina residents that so many issues can arise when one is pulled over under the suspicion of drinking and driving. For one, leaving the scene of an accident often leads to increased criminal charges, along with the potential for increased corresponding consequences.

Whether to submit to a breath test is a decision that should be made with the help of an experienced attorney who can explain the consequences of refusing to take a breath test. The same goes in regards to the implications of BAC reading results that appear to be over the legal limit. They may have been administered incorrectly.

Source: New York Post, "Bikini Girl from 'Idol' hit with hit and run charges," April 30, 2012

Edwards' federal criminal trial continues

2012-04-26T19:35:55Z

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.

]]> Edwards' defense team has been questioning Young and trying to point out inconsistencies in his testimony compared to what he has said in his tell-all book about the scandal and TV interviews promoting the book.

Edwards had an extra-marital affair with a campaign videographer. He wanted to hide the affair in order to stay a viable candidate. Later it turned out that his mistress was pregnant and he then tried to hide the pregnancy and the child. Young first said that the child was his in order to try to cover for Edwards, but later Edwards admitted to the affair. A year after admitting the affair, he admitted to fathering the child.

Source: Los Angeles Times, "John Edwards' defense targets Andrew Young's credibility," Richard Simon, April 26, 2012

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

2012-04-25T14:02:55Z

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.

]]> On Tuesday, a former aide to John Edwards testified in the North Carolina courtroom. He is the key witness for the prosecution and told the courtroom of the multiple layers of people the money went through in order to hide its origin and purpose.

Edwards has pleaded not guilty to the six charges related to campaign finance violations. His defense attorneys contend that the money was not unreported campaign contributions, but was meant as gifts to be used as was needed by Edwards. The donors will not be testifying because one passed away and the other is 101 years old.

Source: Los Angeles Times, "John Edwards' trial set to begin on campaign finance charges," Richard Simon, April 22, 2012

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

2012-04-24T14:59:32Z

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.

]]> Prosecutors say that money donated by the two wealthy benefactors amounted to unreported campaign contributions. The money was used to pay Edwards' mistress and keep the affair and the baby under wraps so that he could continue to run for president without a scandal ruining his chances, says the prosecution.

The prosecution says that Edwards knowingly and willfully violated campaign finance laws. Proving the willful intent to break the law will be key to their case. The next post will continue to discuss this case.

Source: Los Angeles Times, "John Edwards' trial set to begin on campaign finance charges," Richard Simon, April 22, 2012

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

2012-04-22T20:47:54Z

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.

]]> This can be particularly true in cases of unexpected or sudden death in children. Diseases can affect children's bodies differently than adults and if a coroner or forensic pathologist examining a deceased child is not a medical doctor, let alone a pediatrician, or have adequate medical training to determine correctly how a person died, they may come to the wrong conclusions. People have been wrongly accused, for example, of child abuse and murder because some diseases in children have symptoms that mimic those seen in child abuse cases.

A recent ProPublica story tried to bring this idea home. A journalism student acquired a certificate to be a forensic consultant. She wanted to show how easy it could be to make conclusions about how a person died and to give expert testimony on the witness stand. It is unclear whether a court would recognize her as an expert because of her certificate, but she made her point, and others not much more qualified than her may be making claims of being an "expert" with troubling consequences.

Source: ProPublica, "No Forensic Background? No Problem," Leah Bartos, April 17, 2012

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

2012-04-12T17:02:50Z

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.

]]> In the decade and a half since the grandmother was accused of causing her grandson's death through a violent assault, new medical knowledge has been gained regarding the signs and symptoms of child abuse and how certain childhood diseases can mimic these signs.

The grandmother's defense attorneys have now turned to the governor of California to commute the remainder of her sentence. The recent evidence that has come to light to further refute the theory that abuse caused the child's death has also been presented to the governor, along with the evidence and statements that reaffirm homicide. It is hard to guess what the governor will conclude in this high-profile and complicated case.

Source: ProPublica, "New Evidence in High Profile Shaken Baby Case," A.C. Thompson, ProPublica, and Joseph Shapiro, NPR March 29, 2012

New evidence refutes grandmother's child abuse conviction: Part 1

2012-04-10T17:01:23Z

A grandmother who may have been wrongfully convicted of causing her grandson's death is seeking clemency from the governor of her state as a last resort to being free from prison.

The grandmother's case demonstrates the way conflicting interpretations of medical evidence and high emotions all can factor into the death investigation of a child. The grandmother has always maintained her innocence and her daughter is also convinced that her mother did not violently abuse her son. The grandmother, however, may spend more time in jail for the grandson's 1996 death before the case is put to rest.

]]> The grandmother spent 10 years in prison already after being convicted of felony child endangerment. Her sentence was overturned by the highest appeals court in her state because the court believed the medical evidence did not prove that she caused the death of her grandson through violent abuse.

The grandmother now lives again with her daughter and grandchildren, but she may need to return to prison because the U.S. Supreme Court overturned the lower court's decision because they said the lower court did not have the right to reverse the jury's original decision. The next post will continue to discuss this controversial case.

Source: ProPublica, "New Evidence in High Profile Shaken Baby Case," A.C. Thompson, ProPublica, and Joseph Shapiro, NPR March 29, 2012

Strip searches legal for minor offenses says Supreme Court

2012-04-02T18:40:03Z

The Fourth Amendment protects people from unreasonable search and seizure in South Carolina and throughout the U.S. This means that a person cannot simply be searched just because a law enforcement officer feels like it -- there must be probable cause leading to this search of a person's private body, car, home or property.

The U.S. Supreme Court ruled on Monday that the strip search of a man who was arrested for a minor traffic violation did not violate the Fourth Amendment. The man had been subjected to two humiliating strip searches during the course of a six-day incarceration for the alleged unpaid traffic fine.

The fine was later discovered to have been paid before the man was arrested. Following his experience, the man sued the jail for violating his privacy rights.

]]> The Supreme Court ruled 5-4 against the man who claimed his civil rights had been violated. Groups focused on protecting civil liberty believe that the decision erodes the protections guaranteed by the Fourth Amendment.

The majority opinion was written by Justice Kennedy who said that guards in prisons must not have their ability to search incoming inmates restricted because they need to keep the facility secure and safe. The minority opinion by Justice Breyer argued that the humiliating strip searches conducted on the man were a violation of his constitutional rights.

Source: The Los Angeles Times, "Supreme Court OKs strip searches for even minor offenses," David Savage, April 2, 2012

Lindsay Lohan finally done with 2007 DUI probation process

2012-03-31T14:06:45Z

Lindsay Lohan must have breathed a sigh of relief yesterday as a judge told her that she had successfully completed the terms of her formal probation for a 2007 DUI charge.

The probation lasted five years as it was continually extended when Lohan violated the terms of her probation, such as failing to complete required educational classes, failing to attend required counseling or failing drug or alcohol tests. Lohan had to spend time in jail and rehab at one point in the last few years related to violations of her probation.

Lohan has been scolded by many a judge as well in the last few years. This judge spared her any scolding, but sternly reminded her to stay away from the clubs and concentrate on her work. Lohan recently received a work permit for Canada so that she can portray a young Elizabeth Taylor on an upcoming Lifetime series.

]]> Lohan is still under an informal probation from a 2011 jewelry theft case. Her informal probation will end in May 2014. Lohan cannot break any laws between now and the end of her informal probation. If she does not, she will really be able to put all her legal troubles behind her. She has already taken a big step in that direction. She said she would celebrate by having dinner with her sister.

Source: Los Angeles Times, "Lindsay Lohan's formal probation is over -- finally," Christie D'Zurilla, March 29, 2012

Whitney Houston's ex-husband, Bobby Brown, arrested for DUI

2012-03-27T04:22:24Z

Whitney Houston's autopsy results were recently released by the coroner in the county where she died. The coroner concluded that the singer accidentally drowned in a bathtub, probably after suffering a episode with her heart and going unconscious before drowning. The coroner also believed she had recently used cocaine prior to the drowning. He also said that her autopsy results suggested chronic usage of cocaine.

The actress and her ex-husband, Bobby Brown, were both known to have drug problems. This week, a few days after the autopsy results, Brown was arrested and charged with driving under the influence. He was pulled over by law enforcement for a cell phone violation. The police officer suspected after he pulled him over that Brown was under the influence of alcohol.

]]> The officer administered field sobriety tests and the conclusion was that Brown was driving with a blood-alcohol level over the legal limit of 0.08 percent. Brown allegedly had a blood-alcohol level of 0.12 percent.

Brown has been charged with three misdemeanors: driving under the influence, driving with a blood-alcohol concentration over 0.08 percent and driving with a suspended license. Brown's driver's license was suspended more than a year ago because he did not appear in court about a speeding violation.

Source: Los Angeles Times, "Singer Bobby Brown charged with three misdemeanors in DUI case," Andrew Blankstein, March 28, 2012

Christian network accused of fraud by former employee

2012-03-23T16:56:03Z

The Trinity Broadcasting Network has been accused of financial fraud by a former employee. The employee who filed the lawsuit says that he was fired in retaliation for the whistle-blowing actions of his nephew's wife. The wife is the granddaughter of one of the network's co-founders. Sound complicated? It is.

The lawsuit says that the granddaughter was fired after she complained to her grandfather in a letter of financial fraud at the network. The uncle's lawyer says that she was retaliated against for doing the right thing. He also said, "No good deed goes unpunished at TBN," according to the Los Angeles Times. The lawsuit says that the uncle of the woman's husband was also fired in retaliation for this whistle blowing.

]]> The lawsuit says that lavish spending is the norm at the network. It says mansions are purchased to house directors and a private jet was purchased by the grandfather. In addition, a luxury motor home was purchased for the grandfather's wife's dogs. The lawsuit accuses the network of using sham loans and fraudulent third-party donation and kickback schemes.

The network preaches the "prosperity gospel," which means that God will give money to people who give money to Christian organizations.

Source: Los Angeles Times, "Suit alleges financial fraud at TBN ministry," Christopher Goffard, March 23, 2012