I have repeatedly recommended the adoption of body-worn cameras for law enforcement. It’s a win-win situation. There’s never a problem of having too much evidence. Having active cameras can only help get to the truth for police-citizen encounters. The body cameras cut both ways, and do not favor a party who’s statement does not line up with the video… the video favors facts.
Body worn cameras would be beneficial in the recent Los Angeles shooting of Dijon Kizzee. L.A. deputies claim that he dropped a firearm and was picking it up when they shot him. However, they did not have body cameras. The only video was earlier by someone with a camera phone and that footage only shows Kizzee running away. We don’t know what happened that led up to the moment of the shooting, and if deputies had bodycams, that might have given us an answer. It certainly would be beneficial to the Sheriff’s Department if they had body cameras that showed Mr. Kizzee reaching for the weapon. Departments have resisted using body cameras when so often, when the officers are acting appropriately, the cameras would be for their protection. Admittedly, there are flaws: the cameras don’t catch everything, but that’s not a reason not to try to get video.
Sarasota is considering body cameras for their police force. One of the concerns is the expense. The Herald-Tribune ran this editorial last week, arguing that the cost is worth it to acquire body cams. The editorial also ran here in Fort Myers the other day- Fort Myers and Cape Coral do issue body cameras, though the Lee County Sheriff’s Office has not. The Charlotte County Sheriff has recently reconsidered his stance, and will now be seeking body cameras for his department. I applaud this decision and encourage other law enforcement agencies to join CCSO, FMPD, CCPD and many others in outfitting their officers with this important equipment.
Again, be sure to check out the editorial: https://www.heraldtribune.com/story/opinion/editorials/2020/09/15/police-use-force-can-lessened-body-cameras-if-done-right/5790554002/
Posted in Criminal Law, Florida, Police, Sarasota / Southwest Florida
Tagged body cam, body cams, cameras, ccpd, dijon kizzee, fmpd, lcso, los angeles, sarasota
As you may have seen, trial got underway in New York City for producer Harvey Weinstein, charged with several sexual offenses in one of the landmark cases of the #metoo movement. Today, Mr. Weinstein was excoriated by the judge for using his cell phone in court, in spite of the judge’s strict rule against it, and repeated orders not to do so. His poor attorneys end up apologizing to the judge for their client’s behavior, only for the judge to “snarl” at them as well. Apparently, they had made Weinstein turn over his cellphone earlier, but he had multiple additional cell phones and continued to access them in court. He’s literally pulling tricks to confound his own attorneys as they were trying to keep him out of trouble. The judge threatened to revoke his bond for disobeying the order, which he would have been in his power to do.
Weinstein picked a particularly bad day to disobey the judge, because new charges had been filed against him in California, and the prosecution on this case was already arguing to the court for his bond to be revoked. I think the State shot itself in the foot suggesting that they had not been in contact with the Los Angeles prosecution when the indictment was conveniently unveiled to coincide with the start of his New York trial… and that the L.A. prosecutor indicated that they certainly had been in contact with the New York D.A. The defense asked for a continuance and the judge smartly resolved everything to avoid conflict: denying the request for continuance, denying the request to revoke bail on the New York case, and ultimately setting identical bail on the California case so the court can get down to the business of conducting the trial at hand, which is expected to last around two months.
Harvey Weinstein being assisted to court
The challenge for Weinstein’s lawyers, beyond the legal challenge of defending him from the charges, will be to rein in his behavior so he doesn’t end up shooting himself in the foot. He started showing up to court with a walker, and when commentators suggested he was trying to garner sympathy, he had an extensive interview with Page Six without consulting his attorney. He’s trying to win in the court of public opinion while his attorneys are trying to win in actual court, where the potential penalty is life in prison. He has already gone through multiple prior attorneys, before settling on this team.
The predatory rape charges included in the New York case create a huge challenge for Weinstein’s defense team as they allow the state to introduce evidence of other offenses. This includes offenses that were not charged and that may not have been brought up until after the statute of limitations, and none for which Mr. Weinstein has admitted or been convicted of. He categorically denies all charges, and says that any sexual contact was consensual. However, the State being able to bring in a string of additional accusers presents a damning fact pattern and suggestion of guilt that will be difficult for the defense to overcome, particularly coupled with some potentially humiliating evidence. Compare the case against Bill Cosby, who’s first trial ended in a hung jury. During the second trial, the court permitted evidence from additional accusers and the jury in that case convicted Cosby. On the other hand, the charges only came about after a very public campaign creating political pressure for the prosecutors to bring charges, and one of the lead NYPD investigators was prevented from testifying due to suggestions of witness coaching and withholding evidence. The case will be a hard-fought battle for the next eight weeks. The attorneys have their work cut out for them, but at least they are being well paid.
Posted in California, Criminal Law, New York
Tagged bill cosby, california, harvey weinstein, los angeles, new york city, rape, sexcrime, similar fact evidence, trial
Los Angeles had their first successful prosecution of DUI on a scooter. And not like a Vespa, but one of those little motorized scooters. It sounds like California has a law written similar to Florida’s that prohibits operating any VEHICLE under the influence. Nicholas Kauffroath plead to one count of DUI, and another count of hit and run, after he struck an elderly gentleman and sped off on his scooter. I’ve seen DUIs on bikes, and even a motorized cooler, so keep that in mind that you don’t drink and drive/ride/roll!
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.
- These stings entice would-be robbers into fake home invasions
- A second federal judge has thrown out cases based on this law enforcement behavior
A Federal District Judge in Los Angeles threw out the cases against three men who had been indicted for robbery, ruling that the government conduct in setting them up was outrageous and amounted to unconstitutional entrapment. The entrapment doctrine has been around for a long time, but the courts are generally reluctant to invalidate cases based on it. The law gives government agents a great deal of leeway in their investigations, but they can cross the line when they entice someone to commit a crime who would not have done so, otherwise. Apparently, there is growing use by ATF of these drug-house robbery set-ups, where agents promise vast payouts to entice suspects to agree to rob fictitious drug houses.
The biggest problem with these stings is that often, the suspects are not suspects of anything until the agents create the idea of the crime. In doing so, they turn people have little or no criminal history, into major felons. Agents create the crime to pump up their arrest and convictions numbers, while not doing anything to stop actual crime. It’s lazy law enforcement… instead of looking for actual robbers and drug dealers, they find suckers and talk them into conspiring to commit a fake crime, and then serve up an easy arrest.
This ruling is the second in a couple of months to reject the tactic. Both cases are being appealed by the government. One might wonder why they are spending the money to fight for the right to prosecute fake crime, instead of focusing on getting the real criminals off the street. At the very least, we can hope that these rulings gets the government agencies to think twice about the tactics they use to make their busts. It’s a basic tenet of entrapment law that the sting operations should target ongoing criminal activity, and has repeatedly been ruled upon by the Supreme Court, going back to the Sorrells opinion in 1932.
The government action can violate the due process tenets of the Constitution where the criminal conduct was “the product of the creative activity of law-enforcement officials.” Sherman v. United States, 356 U.S. 369, 372 (1958). “In their zeal to enforce the law, however, Government agents may not originate a criminal design, implant in an innocent person’s mind the disposition to commit a criminal act, and then induce commission of the crime so that the Government may prosecute.” Jacobson v. U.S., 503 U.S. 540 (1992). Instead of fighting to be allowed to create crime, the government should be fighting the actual crime.
Posted in 14th Amendment - Due Process, 6th Amendment - Fair Trial, California, Criminal Law, Drugs, Entrapment, Federal, Police
Tagged due process, entrapment, jacobsen, los angeles, robbery, sherman, sorrells, sting, supreme court, undercover