Tuesday, July 29, 2008

News and Notes

1. Congrats to my friend, Jonathan Kasen, on his victory today in federal court before Judge Ungaro in his first federal trial.

2. Justice Building to 1000 posts.

3. Interesting post here about probation and PSI's. Isn't it time that someone filed a motion about the probation office practicing law without a license?

4. Go see the Dark Knight. Loved it.

5. Vanessa Blum is all over the federal courts.

6. Above the Law Idol, trying to find a new David Lat. Good luck with that.

7. No more Scabulous on Facebook. How depressing.
8. Cocaine Cowboys II came out. My copy just arrived in the mail. Can't wait to watch it.


Anonymous said...

Justice Department report just concluded that three higher ups violated federal law during their tenure at the DOJ. So far, no prosecutions?

You wonder why the US Atty's office and SAO see verdicts like the one a week or so ago? LOOK IN THE MIRROR.

The DOJ no longer commands the respect of the people - it is amoral. Result oriented leo investigations and handling of cases. Law enforcement in general is heading that route -- the feds and police do not police themselves, so why should the general public believe them? There are two standards in this country: One for those who are supposed to enforce the law and the other for those that are subject to the law.

If you all want to see something, take a look at You Tube and pull down the clip of the NY Cop attacking the bicycle rider. Here is the link:


The question is not why has the cop (who arrested the bicyclist and falsified charges against him) not been criminally charged yet...the question is why the second cop in the video, who saw everything, has not been fired and arrested for being an accomplice. No INTEGRITY in those that manage the system.

This complaint falls on the SD US Atty and his Office as well. One need look no farther than Timony - chief of police - who was found by the CIP to have broke the law in accepting a lease for nothing. Don't even bother to point to the two cops charged in the recent indictment -- they were not the targets, they were videotaped selling drugs -- the office had no choice but to charge them.

You want to start earning back the respect of the public and stop loosing cases that depend on the credibility of law enforcement officers? Then, stop holding yourselves to different standards than the rest of the citizens.

Anonymous said...

C.C. is a lot better than C.C. II, IMO.

Anonymous said...


You are so wrong. The Jury Lottery is what contributes to wins like that -- and, for it society gets what they ask for. The overwhelming majority of citizens rightfully admire and respect all law enforcement officials.

Police officers who do wrong should be prosecuted, but when the prosecution is forced to rely on the testimony of those members of society that frequently (and for good reason) are confronted by the police, there is no case. You can be certain that bicyclist did something to cause the police officer to do what he did. An open minded defense lawyer like yourself should be ashamed for not waiting for the other side of the story before passing judgment.

Anonymous said...

But for the good grammar, I would be forced to ask 'who let the ASA on the blog?'.

Anonymous said...

"You can be certain that bicyclist did something to cause the police officer to do what he did." WOW!!! Did the wife with the black eye deserve to have her a** kicked too?

Anonymous said...

Depends on what she did first. Her Sex has nothing to do with it.

Anonymous said...

David, Since you appear to be a champion of attention seeking cases, why do you not file the motion about the probation office. Just remember who they work for! Hint....... Let's bet you won't bark!!!!! Big DOG.

Anonymous said...


Anonymous said...

I object to your thinking US Probation Officers practice law without a license. USPO's are the Judge's eye's and ear's outside the Courtroom. The FrCP require USPO's prepare the PSR and do it objectively. In fact I am sure that many attorney's could learn a good deal about the guidelines from most USPO's.

What should be a crime is what private defense attorney's charge defendant's in Federal criminal cases and simply take a plea in 90% of the cases. This is the root of a defense attorney's problem with a PSR. They need to justify their bloated retainer to actually make their client believe they did more than few hours preparation.