Category Archives: Criminal Law

Donald Trump does not Respect the Judicial System

Screenshot_20171101-135912Donald Trump, currently President of the United States, made comments today that make clear he does not respect our constitutionally based justice system. Discussing the process for prosecuting the New York City terrorist, Trump stated at a cabinet meeting, “We need quick justice and we need strong justice — much quicker and much stronger than we have right now. Because what we have right now is a joke and it’s a laughing stock. And no wonder so much of this stuff takes place.” Fox News, in their online story about the piece, edited the quote to make it sound like he was talking about the immigration system. This quote was not about immigration. This line was about the United States criminal justice system, which Trump has insulted.

This should come as no surprise, as his imperiousness as president has frequently stepped on Constitutional protections. Famously, Trump took out full page ads in NY City papers in 1989 during the prosecution of the “Central Park Five”: 5 young men who were wrongly accused of a brutal beating and rape of a jogger in Central Park. “Muggers and murderers,” he wrote, “should be forced to suffer and, when they kill, they should be executed for their crimes.” “Though he didn’t refer to the teenagers by name, it was clear to anyone in the city that he was referring to them,” said the New York Times. The botched prosecution led to the wrong men being locked up for years, and the actual criminal, serial rapist Matias Reyes, continued to roam the streets attacking women. Even after DNA proved their innocence, and the exonerations are now an exemplar of poor police procedures and wrongful prosecution: a fact the Trump still has not acknowledged. “Quick”, by necessity, has to take a back seat to the more important principle of “justice”.

It’s ironic that he would call the criminal justice system a laughingstock the same week his former campaign chair and other advisers had charges brought against them in Federal court. They are probably happy to be out on bond as their cases are pending, and glad to avail all possible defenses under the Constitution. It’s easy to point at an evil person like the man who drove into a crowd of innocent bikers in New York… but, the Constitution protects us all. The justice system is not one size fits all, and most of the Constitutional protections are to prevent Government overreach, they are to prevent the violations of those rightly and wrongly accused. Our justice system has developed over that last two centuries as a model replicated around the world.

We all want to see justice brought to the New York City terrorist, and all those who would commit crimes against our people. But the system is not a joke. As an attorney, both prosecutor and defense attorney, respect for the Constitution and respect for our individual rights are the starting point for justice, and it is disappointing, albeit not surprising, for Donald Trump to disparage that. This is not a partisan issue… like many Republicans, I believe in our Constitution and our justice system. It’s flawed, and those of us who work in it are always working to better it, but it is not a joke. And I hope that the leaders in this country, on both sides of the aisle, stand up to speak up for it.

-UPDATE-

The White House later tried to walk back Trump’s comments about the justice system. At a briefing later in the day, spokesperson Sarah Sanders denied that Trump said our justice system was a laughingstock, and tried to claim that he was saying the process has people calling us a joke. Video LINK. But that’s not what he said… very clearly he was the one calling it a joke. Here’s his full quote:

“They’ll go through court for years,” he said. “And at the end, they’ll be — who knows what happens. We need quick justice, and we need strong justice, much quicker and much stronger than we have right now. Because what we have right now is a joke, and it’s a laughingstock. And no wonder so much of this stuff takes place.”

The fact that they are trying to reframe the president’s comments shows that they know they are inappropriate. The fact that the White House spokesperson is straight up lying to us about what the president said is embarrassing. I’ll leave it to you to decide who is the joke, here. Sadly, it’s no laughing matter.

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George Papadapolous Pleads Guilty

Oh no- George, say it isn’t so!

george papadapalous

Also, former Trump campaign chair Paul Manafort was an unregistered foreign agent who, along with associate Rick Gates, laundered millions and millions of dollars through foreign accounts to avoid paying taxes. Real life Papadapolous has apparently cooperated with authorities leading to their indictment.

You Need a Permit to Kill an Alligator in Florida

molest gator

Alligator Warning Sign

Apparently it bears repeating, as a man was arrested this week in Palm Beach County for illegally killing an alligator. Yes, they are everywhere, but Florida has a complex wildlife management system, and you have to have a permit and tag before you can hunt for gators. If not, you can be convicted of a crime! Florida takes its wildlife regulations very seriously…

Dominoes-Sex Couple Avoids Jail

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Craig Smith and Daniella Hirst

daniella hirst

Daniella Hirst

A frisky British couple got busted a few weeks back for having sex in the Dominoes lobby while they waited for their pizza. Their escapade got caught on the store’s surveillance camera, and eventually came to the attention of authorities. They were charged with acts that outraged public decency. The couple, Daniella Hirst, 29, and her boyfriend, Craig Smith, 31, seemed to revel in the exposure, even posing for some flirty pictures for the media. Clearly, much booze was involved.

Their tuned changed when the went before the court. Hirst pleaded guilty while Smith was found guilty after an evidentiary hearing. Yesterday they appeared for sentencing, and were ultimately spared jail. However, they got 12 months of supervision, including 23 weeks of in-home curfew, which may significantly inhibit their romantic adventures.

The video is below- needless to say NSFW (not safe for work)

Hooker Arrested for Prostitution

brianna hooker

Brianna Hooker

Lee County ran an undercover prostitution sting over the weekend and picked up a hooker… Brianna Hooker. There were 14 more arrests from the operation, in addition to Ms. Hooker. The undercover detective invited her to a location where he was staying, whereupon she agreed to have sex with him, then asked if she could smoke up before she performed for him. She has an extensive history of drugs and theft related offenses, and is facing drug possession charges as well as a violation of her earlier probation for this new charge. As is so often the case, the drug abuse likely led to the theft and prostitution as she tried to feed her addiction. That’s likely the case for several of the co-defendants from this operation.

Fort Myers Pays Nate Allen $440,000 for Wrongful Arrest

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Nate Allen

The city council yesterday finalized a settlement of nearly a half-a-million dollars for NFL player Nate Allen for his wrongful arrest. (While he was detained, and ultimately released without a formal arrest, it was easily a ‘de facto arrest’ due to time and totality of the circumstances.) It was enough to make the news, especially since he is a professional football player. Even though he was released that day, the suit was worth a lot more because of the demonstrable negative effects it had on his NFL contract situation. Worse, the FMPD chief at the time, Doug Baker, was caught lying in the investigation into the cover-up, leading ultimately to his termination. The entire incident was a black eye on the city. To the council’s credit, they recognized the wrongdoing, and have repeatedly apologized. Neither the chief, nor the detective on the case are still with the city. Sawyer Smith handled the case for Allen, and tells me he is as nice a guy you could ever meet.

Sadly, the lessons are still being learned. Just a few months ago I encountered a case where the FMPD utilized the same faulty show-up procedure to identify someone, in spite of the pending lawsuit. The state ended up dropping the case. Meanwhile, the 2-year anniversary of Zombie-con has passed with no arrests, charges, or even named suspects. And just last week, more details have come out about the officers suspended after the Freeh Report. FMPD has a long way to go…

Man Gets $37,000 after Doughnut Arrest

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Daniel Rushing

Daniel Rushing was arrested in 2015 when an officer mistook the glaze from his Krispy Kreme doughnut for Crystal Meth. He bonded out after 10 hours, even though he should not have been locked up at all. He sued the maker of the field test kit, as well as the city, who failed to properly train their officer on how to use the field test. They settled this week for $37,500. That’ll buy Mr. Rushing a lot of doughnuts!

This kind of thing happens more often than you would think. I saw a guy get arrested for patchouli that the officer said tested positive for heroin. A man in Ovideo was recently held for 90 days until a lab test proved that his drywall was not cocaine. He may be seeking an even more substantial lawsuit, that the taxpayers are going to end up footing. And to compound his problems, he may not be able to get the arrest record expunged because he has a prior history, which prohibits expungement under current Florida law.

News of this settlement comes as the City of Fort Myers seeks to finalize a settlement for wrongly arresting football star Nate Allen: which crimcourts will be following closely.