Thursday, February 28, 2013

Verdict in Steiner case

The verdict is in for Steve Steiner and Henry Fecker. It was a 54 count indictment. Fecker was found not guilty of all counts and Steiner was found not guilty of about 75% of the counts. Trial was before Judge Kathy Williams.

Wednesday, February 27, 2013

Interesting Jury Question in Khan case (UPDATED)

And here's Judge Scola'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!

Tuesday, February 26, 2013

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.

Monday, February 25, 2013

"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. 


Maria Elena Perez

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.