Wednesday, April 30, 2008

Rumpole & Ashley Dupre

Rumpole has a funny post about the federal buildings here. From what I hear, there are trials scheduled in the new building in May... I'll believe it when I see it.

The AP's Curt Anderson reports here that Ashley Dupre is on video saying she is 18 and consenting to the Girls Gone Wild video:

The release came one day after series founder Joe Francis and his companies were sued for $10 million in Miami federal court by Ashley Alexandra Dupre, who claims she was only 17 at the time and too young to sign a binding contract. Dupre, now 22, also accused Francis of exploiting her image and name on various Internet sites.
In the new release, Dupre appears covered by a terrycloth towel and gives her name as Amber Arpaio. An unseen questioner asks if she is 18.
"Yes I am," Dupre answers in a strong Southern accent.
"Do you know what 'Girls Gone Wild' is?" the questioner asks.
"Yes I do," she replies with a laugh.
"Can I use this on 'Girls Gone Wild'?" she is asked.
"Of course you can," Dupre answers.
The video also displays a New Jersey driver's license with the Amber Arpaio name and a birth date that would have made her appear to be in her 20s.


Not so good for her lawsuit...

UPDATE -- the lawsuit fell before Judge Lenard.

Tuesday, April 29, 2008

"Prosecutors say jailhouse snitches won't be called to testify in Joe Cool case"

That's the headline from Vanessa Blum's article discussing the government's filing today. It makes sense not to call these guys, who would just muddy the case up for the government. Smart move.

From Blum's article:

Two jailhouse snitches who say they heard incriminating statements from a suspect in the Joe Cool murder-at-sea case won't be called to testify at trial, federal prosecutors stated in a motion filed Monday evening.Their announcement came after attorneys for Guillermo Zarabozo sought to have the so-called confession thrown out, claiming it violated Zarabozo's constitutional right to be represented by an attorney during questioning.U.S. District Judge Paul Huck set a hearing for Wednesday to discuss the government's filing. Huck canceled a hearing where the inmates, Antwan Hall and Daniel Noel, were expected to testify about the circumstances of their conversations with Zarabozo in Miami's Federal Detention Center.Zarabozo, 20, of Hialeah and Kirby Archer, 36, of Strawberry, Ark. are charged with murdering Joe Cool captain Jake Branam, 27; his wife, Kelley Branam, 30; his half brother, Scott Gamble, 35; and first-mate Samuel Kairy, 27 on Sept. 22.

***

But the confession posed problems for prosecutors. First, it could not be used against Archer, meaning the government would be forced to try the two defendants separately if it came in as evidence. Secondly, the inmates would have obvious credibility problems as witnesses, because they are convicted felons seeking sentence reductions.Most urgently, Zarabozo's lawyers wanted Huck to rule on claims the confession violated Zarabozo's right to counsel. In a motion filed last week, defense lawyers said prosecutors knew Hall and Noel were government snitches and intentionally placed the men next to Zarabozo to illicit a confession.Federal judges have ruled that informants who have pre-existing agreements to gather information for prosecutors may be considered government agents. That would make a jailhouse interrogation illegal unless the suspect's lawyer was present.Prosecutors disputed that was the case, saying the government had "no agreement or prearrangement" with the men to seek a confession from Zarabozo.Still, prosecutors agreed not to use the confession unless Zarabozo took the stand at trial and told a different story.The men's trial is currently set for early June but could be pushed back if the government opts to seek the death penalty.

Monday, April 28, 2008

Spitzer call girl sues Girls Gone Wild owner...


...here in the Southern District of Florida. Here's the complaint (Ashley Dupre v. Joseph Francis, et al), filed by attorney Richard Wolfe.


Here's some coverage by the Herald:


Five years after Girls Gone Wild filmed the unknown teen cavorting topless in South Beach, the now-notorious Ashley Alexandra Dupré is demanding a cut of the money from the video sales.
Dupré filed a lawsuit Monday in federal court in Miami, claiming Girls Gone Wild founder Joe Francis and his company owe her more than $10 million.
Now 22 (turning 23 Wednesday), Dupré was a few weeks shy of her 18th birthday when she ran into Francis' film crew outside Miami Beach's Chesterfield Hotel in March 2003. They got her drunk and filmed her flashing her breasts in hotel rooms, according to the suit.
Francis, 35, who arrived in Miami on Monday to promote his new Girls Gone Wild magazine, told The Miami Herald he has ''never sold one'' video of Dupré and referred questions to his attorneys.
Francis repackaged the footage last month after Dupré emerged as a central figure in the high-priced prostitution scandal that ensnared New York Gov. Eliot Spitzer, leading to his resignation. Investigators say Spitzer paid big bucks for sexual encounters with Dupré, who worked as an escort named ``Kristen.''