Interesting Jury Question in Khan case (UPDATED)

Khan Jury Question 

And here's Judge Scola's response:

Court's Response 

Thanks very much to my tipster!

UPDATE -- here's the latest question.  Fascinating!

Another Kahn Question by

Verdict(s) today?

The juries are out in the Pakistani Taliban case and the Steve Steiner Mutual Benefits money laundering case.  If you hear anything, shoot me an email and I will post it.  Thanks!

Why won't the Supreme Court hear a prosecutorial misconduct case

There have been a bunch lately, but the Court keeps turning them away.  Justice Sotomayor issued a rare statement condemning the prosecutor (joined only by one other Justice), but why won't the Court take these cases? 

From her conclusion:

It is deeply disappointing to see a representative of the United States resort to this base tactic more than a decade into the 21st century. Such conduct diminishes the dig nity of our criminal justice

system and undermines respect for the rule of law. We expect the Government to seek justice, not to fan the flames of fear and prejudice. In discharging the duties of his office in this case, the Assis tant United States Attorney for the Western District of Texas missed the mark. 

 

Also troubling are the Government’s actions on appeal. Before the Fifth Circuit, the

Government failed to recognize the wrongfulness of the prosecutor’s question, instead

calling it only “impolitic” and arguing that “even assuming the question crossed the line,” it did not prejudice the outcome. Brief for United States in No. 11–50605, pp. 19-20. This prompted Judge Haynes to “clear up any confusion—the question crossed the line.” 478 Fed. Appx. 193, 196 (CA5 2012) (concurring opinion). In this Court, the Solicitor General has more appropriately conceded that the “prosecutor’s racial remark was unquestionably improper.” Brief in Opposition 7–8. Yet this belated acknowledgment came only after the Solicitor General waived the Government’s response

to the petition at first, leaving the Court to direct a response.

 

I hope never to see a case like this again.

"Attorney Maria Elena Perez blazes her own path in defense of former UM booster Nevin Shapiro"

That's one way to put it.  It's the headline for John Pacenti's in depth article about Maria Elena Perez, the lawyer representing the lowest of low snitches, Nevin Shapiro. 




Donna Shalala is outraged by it all: 

UM president Donna Shalala attacked the NCAA for its flawed investigation and maintains the university has been punished enough through two self-imposed postseason bans even though the NCAA gives the final word on punishment for violations.
Shalala is incredulous that the NCAA is taking the word of Perez's client, "who made a fortune by lying."

 Welcome to the federal criminal justice system.  This is the dirty little secret of federal criminal cases -- they are built on snitches like Shapiro every day of the week.  The criminal defense bar has gotten so used to it they it's become learned helplessness.  Maybe cases like this will push people to fight back instead of laying down while taking the shocks over and over again.  

Does DNA collection from arrestees violate the 4th Amendment?

That's the question before the High Court this morning.  Police, of course, say it's a vital tool:

The bolstered federal database has helped solve thousands of crimes by linking DNA evidence at old crime scenes to newly arrested people.
"Behind every number is a human story, a case in which a buccal swab sample collected from a felony arrestee played a crucial role in solving a violent crime," says a brief submitted by all 49 other states backing Maryland's law.
On the other side is Alonzo Jay King, who was arrested on assault charges in 2009. Police collected DNA from a simple cheek swab and matched it to a 2003 rape case, for which King then was convicted. The Maryland Court of Appeals reversed that decision, ruling that the cheek swab constituted a search without either a warrant or suspicion of another crime. Now the state, backed by the federal government, is challenging that ruling.

The NY Times, on the other hand, says no way:

The state did not, however, obtain a warrant to collect his DNA, nor did it establish that it had probable cause to think that his DNA would link him either to the assault or the rape. It did not even meet the lowest threshold for some searches, by establishing that it had a reasonable basis for taking his DNA, or showing that the DNA evidence would disappear unless it was collected.

Maryland argues that collecting and analyzing DNA is like fingerprinting. But the purpose of fingerprinting is to identify someone who has been arrested. Maryland was using DNA for investigative purposes, not identification, and doing so without legal justification.

Maryland also argues that the incursion on Mr. King’s privacy was minor compared with the major benefit in crime-solving. But the number of crimes solved with DNA from people arrested has been low. The substantial harm to innocent people that could result from the misuse of DNA greatly outweighs the benefits. And the safeguard against such harm is the Fourth Amendment, whose fundamental protections the Maryland court upheld. The Supreme Court should do likewise.

 

Will be interesting to see how this one comes out.  Predictions?

The twists and turns of the "psychic fraud" case

I haven't covered this story all that much, but Paula McMahon over at the Sun-Sentinel has been all over it, and here's the latest:

Federal prosecutors and investigators received a severe scolding in court this week from one of the judges overseeing a $25 million fraud case against a Broward County family of fortune tellers.
"I'm disappointed by the shameful conduct of the government here," the usually mild-mannered U.S. Magistrate Judge James Hopkins said during a hearing on defense allegations in federal court in West Palm Beach on Wednesday. "There's much about the government's conduct in this case that's very troubling."
Among the problems identified by the judge were grand jury testimony that included "ethnic stereotypes" about Gypsies or the Roma allegations an investigator had a financial relationship with alleged victim and best-selling romance novelist Jude Deveraux; that agents and a prosecutor helped Deveraux in a court case about money she owed her ex-husband; and that some "victims" were included in the indictment without agents ever contacting them to confirm any crime occurred.
The judge also called some of the investigative team's actions "deficient" and said they raised "the specter of misconduct."
Defense lawyers asked the judge to dismiss charges against Rose Marks and eight family members alleging the behavior was sufficiently egregious.
The judge said he felt the alleged misconduct did not rise to the level required by law to dismiss the charges against the family before their April 1 trial. Four family members have pleaded guilty but may withdraw those pleas if the case is dismissed for governmental misconduct.
Hopkins said the defense can raise the issue at trial and ask U.S. District Judge Kenneth Marra, the trial judge, to toss out the case before it goes to a jury. Hopkins will make his formal recommendations soon, but the defense is expected to ask Marra, who has the final say, to reconsider.
Hopkins became aggravated Wednesday when he said the U.S. Attorney's Office for the Southern District of Florida was not "'fessing up to significant errors."

Meantime, last night was the big federal bar event at the Hyatt.  It was a success as usual with a large turnout.  Most of the federal judges were there and the lines at the bar weren't too long.  So good times for all!

Have a nice weekend.

"I kindly suggest to you that you go to a hospital."

That was 77-year old defendant Hafiz Kahn to the AUSA during cross-examination, suggesting that he was mentally ill for the questions he was asking.  The prosecutor responded: "KAHHHHHHNNNNNNN!"



Actually, he said: "I'll let the jury make that determination, Mr. Khan."

Judge Scola then sent the jury out and told the defendant to chill: "You are never going to convince Mr. Shipley to change his mind about you. The only chance you have is to convince the jury to believe you."

Curt Anderson from the AP has all the dramatic details here.  A snippet:

"In front of God, I did the right thing. In front of my tribe, I did the right thing," Khan testified in Pashto through an interpreter. "It was all lies, and it was all because of the money."
Khan spent a second day on the witness stand in his own defense on charges of funneling at least $50,000 to the Pakistani Taliban beginning in 2008. He previously testified that money he sent overseas was for the poor, for his extended family and for a religious school, or madrassa, he owns in the Swat Valley. He insisted he has never supported the Taliban.
The imam repeatedly clashed during cross-examination with Assistant U.S. Attorney John Shipley, who pressed Khan on whether the FBI recordings represented his true beliefs on terrorism. Among other things, the recordings have Khan praising the attempted bombing in 2010 in New York's Times Square and hoping that Americans would die trying to capture former al-Qaida leader Osama bin Laden.
In taped conversations with the informant Siddiqui, Khan answered, "There are many times I am agreeing with him, but that does not mean that I mean it. I didn't want to harm anyone."

Read more here: http://www.bellinghamherald.com/2013/02/20/2887605/fla-imam-claims-extremist-talk.html#storylink=cpy

Read more here: http://www.bellinghamherald.com/2013/02/20/2887605/fla-imam-claims-extremist-talk.html#storylink=cpy

Read more here: http://www.bellinghamherald.com/2013/02/20/2887605/fla-imam-claims-extremist-talk.html#storylink=cpy

The twists and turns of the Pakistani Terror trial

Last week witnesses were testifying via video feed from Pakistan.  The feed cut-off midstream (with some arguing that the Pakistan government was responsible because they were tipped off).  Judge Scola ordered that the trial continue, and now the defendant 77-year old Hafiz Khan has taken the stand.  Day two of his testimony is today.

From the AP (Curt Anderson):

"We are innocent of these accusations," said Khan, speaking in Pashto through an interpreter. "We have no connection with them whatsoever. We hate them."
Khan, who became a naturalized U.S. citizen after arriving here in 1994, said he is proud to live in this country, is registered to vote and does not even know how to fire a gun. Frequently stroking his flowing white beard and adjusting his skullcap, the imam of a downtown Miami mosque said he does not own a television and concentrates mainly on Islamic studies and teaching – something he feels utterly free to do in the U.S. because of its guaranteed rights.
"It is really a good thing to be a citizen of the United States," Khan said.