Angela Corey Voted Out

Congratulations to new 4th Circuit State Attorney Melissa Nelson, who unseated Jacksonville area State Attorney Angela Corey. It is rare to defeat an incumbent prosecutor in Florida, but Corey earned extremely negative support due to her controversial prosecutions of George Zimmerman, Melissa Alexander and her extremely heavy-handed treatment of juvenile defendants. There is currently a push to make it more difficult for prosecutors to charge juveniles as adults… Which may ultimately end up being Corey’s legacy.

Postal Worker Caught Dumping Mail

In a story that made national news, a Fort Myers postal worker was caught on camera pitching bundles of mail in a dumpster. The worker has been fired, and an investigation opened that could result in Federal theft changes. The whole thing came to light when the guy next door saw it happening and called police.

Don’t Drink and Drive: DUI Checkpoints All Over Tonight

Always a bad idea to drink and drive, and one of the purposes of law enforcement operations is to remind people of the dangers. I hear there will be a checkpoint in or around Fort Myers tonight. Cape Coral is having a high-visibility DUI enforcement operation. And Cincincinnati friends, there is a checkpoint in Hamilton County (possibly Mariemont area).

UPDATE: Here’s the Latest on the Ryan Lochte Situation

UPDATE: Lochte has issued a statement.

So, Ryan Lochte was out with some other U.S. Swimmers and later reported a robbery. The New York Times has a full breakdown of the timeline of events, and the current status of everything.

Basically, the men had their cab stop at a gas station to use the restroom. Lochte initially said they were pulled over by someone pretending to be a police officer, but later publicly said they had stopped at the gas station. He says they were stopped by a man or men with badges, and ordered to the ground and to hand over their money. The gas station says they they damaged some of the facilities, and that a security guard confronted them. Video from the gas station shows them on the ground- that actually supports part of Lochte’s statement. Some people are now saying that the security guards may have tried to get them to pay, or extorted them, while others say the men offered money to the gas station. The whole thing is weird.

The common law definition of Robbery is taking the property of another by force or the threat of force. If the guard, who had a gun, ordered Lochte and the swimmers around and demanded money, it could constitute common law robbery. I do not know the definition of robbery in Brazil, but it potentially could fit, or could fit some other extortion charge. That’s not to say Lochte and/or the other swimmers are blameless, they could be facing charges for destruction of property, even if it bore out that they weren’t charged for false report.

Swimmers Jack Conger and Gunnar Bentz, who were pulled off a plane, gave a statement to police that did not indicate a robbery, and were permitted to travel back to the United States. Jimmy Feigen made an arrangement to make a payment to a Brazillian organization in a deal to avoid prosecution- which sounds like a deferred prosecution deal that one might see here. Lochte may end up doing something like that, as the charge is not ultimately that serious of an offense, and is more of a case of him acting drunk and stupid than criminally. It probably would not have been an issue if he had heeded the advice of USOC, and not said anything, instead of giving a graphic interview to the media the next morning.

The lie is usually worse than the crime.

via Deadspin

 

Lochte Indicted! 2 U.S. Swimmers Indicted

Ryan Lochte and James Feigen have reportedly been indicted by Rio police. Reports indicate that have been charged with false report of a crime (in Florida, that’s only a misdemeanor offense). Feigen is reportedly still in Brazil, but Lochte has already returned to the United States. Developing…

More on Lochte, Something Fishy May be Going on…

Reports are coming out of Rio that the swimmers in the alleged robbery may have been in a fight with a gas station attendant. They will hold a news conference at 2 pm.

UPDATE: The Gas station owner claims they were peeing on the gas station, after being asked to use the restroom.

UPDATE 2: Apparently his teammates may have dimed him out and told authorities there was no robbery. He could be in trouble both for false report, and for the incident at the gas station.

 

Ryan Lochte Video Released – No Wallets When U.S. Swimmers Returned to the Olympic Village

The Daily Mail obtained the security video of Ryan Lochte and the other US Swimmers were were allegedly robbed the other night in Rio: the same video the judge used to say they appeared nonchalant when he ordered them seized and their passports taken. What stood out for me watching the video is that, consistent with just being robbed, they men did not have wallets. While Lochte’s story has changed some in the details, he repeatedly stated that their wallets were stolen, but not their credentials. You can see credentials and cell phones, but not wallets of the four Olympians as they pass through security.

Lochte told his father when he landed he was going to have to purchase another wallet for the one that was stolen. The Daily Mail thinks they could be wallets, but they are not, or it was a wallet that wasn’t stolen. Lochte definitely doesn’t have a wallet. Also, one of the swimmers still had some money for the cab they got home- having a wallet wouldn’t mean they weren’t robbed. Free the swimmers!

http://www.dailymail.co.uk/news/article-3746324/U-S-Olympic-swimmers-Gunnar-Bentz-Jack-Conger-REMOVED-flight-Brazilian-authorities-following-Ryan-Lochte-s-claim-robbed-gunpoint.html#v-6068387332348361890

DUI Operation in Cape Coral tonight

Don’t drink and drive, ever! Be safe, there is a DUI operation in Cape Coral tonight.

http://www.capecops.com/newsroom/2016/8/12/cape-coral-police-department-condiucting-dui-operation-tonight
Cincinnati people, there is also one in Hamilton county tonight, as well.

Check Out this Rare, Behind-the-Scenes Look at Trial Preparation

I’m a trial nerd… probably moreso than even the average lawyer. I watched the “The People v. O.J. Simpson” like I’d have to write a book report on it. My ultimate wish would be to be able to watch jury deliberations take place, that’s ultimately the room where it happens. But I like other trial experiences, from sitting in on live trials whenever I can, to all kinds of lawyer books and TV shows. That’s why I was pleased to be introduced to this article from the prosecutors of one of the Baylor rape cases (link).

Convicted Rapist Sam Ukwauchu

These prosecutors go into great detail their preparation and handling of the case, from the pre-filing investigation, to how their work paid off when the case went to trial. I recommend it for all criminal trial attorneys, and it should be required reading for those who prosecute SVU cases. I found the story via Deadspin, who has had lots of coverage or the Baylor sex scandal that brought down not only the football coach, but also the AD and the President, Ken Starr (yes, THAT Ken Starr).  Congrats to these attorneys on a hard-fought win on a challenging, high-profile case.

TDCAA via Deadspin.

Holy Police Car! Batman Arrested in Seattle

I should say “wanna be Batman”, as I have a feeling it wasn’t Bruce Wayne. Police in Washington were called out to a bar regarding a man assaulting the bouncers with a knife affixed to a pole. After threatening an employee with his spear, the man fled with officers in pursuit. He threw something at the vehicle, and officers later discovered it was a Batarang: a sharpened ninja star in the shape of a bat. This Batman didn’t get away, and was arrested for felonious assault, and more charges expected.

The Batarang recovered from the police vehicle

From SPD blotter via Jalopnik.

We’ve covered some superhero arrests on Crimcourts before, and in researching this, I discovered that there had been some Batman arrests that I had missed. None of them involved a Batarang, however.